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   State Courts - Delaware - April 15 - April 16, 2004

  
DaimlerChrysler Corp. v. Matthews, C.A. No. 20572, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 15, 2004, Decided
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Overview: Chancery court granted summary judgment to car buyer in car maker's suit to stay court-ordered warranty arbitration and to enforce contractual arbitration provision, as it was not provided to buyer, repudiated by maker, and not in one document.

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Dunn v. Riley, C.A. No. 01C-11-006 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 15, 2004, Decided
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FS Parallel Fund, L.P. v. Ergen, No. 423, 2003, SUPREME COURT OF DELAWARE, April 15, 2004, Decided
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Hunter v. First USA/Bank One, C.A. No.: 03A-05-005 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 15, 2004, Decided
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Overview: Extreme sanction of reversing administrative decision that properly denied unemployment insurance benefits to an employee discharged for good cause was applied against employer that refused to respond in any way to notice of employee's appeal.

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Magness v. Krewson, Civil Action No. 20327, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 15, 2004, Decided
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Overview: Although daughter's attorney entered into negotiations to sell a house her client owned after the chancery court issued a TRO prohibiting her from selling the house, court decided that neither the daughter nor her attorney should be held in contempt.

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Reliance Ins. Co. v. Plum Creek Timber Co., L.P., C.A. No. 99C-11-263 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 15, 2004, Decided
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Overview: Each class member's claim against Delaware business entity was a separate covered claim for purposes of Washington's statutory cap on damages per claim; bad faith claim by entity against original insurer could not lie against guaranty association.

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Sheppard v. State Dep't of Health & Soc. Servs., C.A. No. 03C-01-096-MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 15, 2004, Decided
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Overview: Where there was no state insurance coverage for an administrator's allegations, the ruling in Pauley was inapplicable and did not constitute a reason for the court to alter its decision denying the agencies' motion to dismiss.

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State v. Jones, ID # 0012003111, ID # 0104000110, ID # 9709019709, ID # 0006001556, ID # 9802005456, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 15, 2004, Decided
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TriState Courier & Carriage, Inc. v. Berryman, C.A. No. 20574-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 15, 2004, Decided
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Overview: Court restrained former employee from further breaches of noncompetition agreement by restricting him from dealing with all of his employer's customers, nor could he conduct same business in same region for the rest of two years.

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State v. French, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 16, 2004, Decided
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Overview: Court denied defendant's motion to withdraw his guilty plea, finding no merit to claim that his lawyer did not adequately represent him in preparing for trial. Defendant had admitted to committing assault and stated that he was satisfied with lawyer.

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