Delaware, April, 2006, State Case law

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State Courts - Delaware - April 5 - April 6, 2006

Feldman v. Cutaia, C.A. No. 1656-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 5, 2006, Decided , April 5, 2006, Filed
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Overview: Corporate directors' motion to dismiss a shareholder's derivative action was denied as the shareholder was not required to have made a demand of the directors under Del. Ch. Ct. R. 23.1. Further, the shareholder adequately alleged a claim that a repurchase of options and warrants by the corporation violated Del. Code Ann. tit. 8, ? 160(a)(1).

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Levy v. Hayes Lemmerz Int'l, Inc., C.A. No. 1395-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 5, 2006, Decided , April 5, 2006, Filed
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Overview: Former outside directors' indemnification claims were dismissed as to a new company that emerged from bankruptcy as the new company had no obligation to indemnify the former directors of the old company. The directors' claims were not dismissed as to the old company as they had a right to proceed for indemnification against the old company.

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State v. Jackson, Cr. ID No. 92003717DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 5, 2006, Decided
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Overview: Trial court could not issue stay of execution to allow defendant to pursue certiorari petition before United States Supreme Court (USSC) because federal appellate court rendered final judgment when it denied certificate of appealability, so under 28 U.S.C.S. ? 2101(f), stay could only be granted by federal appellate judge or by USSC justice.

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W.L. Gore & Assocs. v. Wu, C.A. No. 263-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 5, 2006, Filed
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Overview: The court directed a former employer to submit a revised preliminary injunction as to a breach of a noncompetition agreement and misappropriation of trade secrets action against a former employee. The employee's due process rights under U.S. Const. amend. XIV were not violated by not requiring the employer to disclose information to the employee.

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Brown v. State, No. 274, 2005, SUPREME COURT OF DELAWARE, April 6, 2006, Decided
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Overview: Warrantless arrest for burglary based on informant's tip that stolen items would be sold at store was proper under Del. Code Ann. tit. 11, ? 1904(b)(1) where police knew informant's identity, tip was corroborated by independent observations of defendant, and defendant was similar to man shown on surveillance tape trying to sell stolen items.

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Mundy v. Devon, No. 174, 2005, SUPREME COURT OF DELAWARE, April 6, 2006, Decided
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Overview: A family court's denial of a father's petition under Del. Code Ann. tit. 13, ? 722 (1999 & Supp. 2004) to modify the parties' consent agreement to alternate their child's primary placement on an annual school-year basis was error where it failed to consider the full spectrum of placement options, including primary placement with the mother.

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