Delaware, April, 2003, State Case law

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State Courts - Delaware - April 14 - April 15, 2003

A.G. Barr p.l.c. v. Agribusiness Partners Int'l, L.P., C.A. No. 02C-09-120-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 14, 2003, Decided
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Overview: Where an investment partnership and its manager allegedly guaranteed the debt of a company in order to induce a soft drink company to continue its distributions to the company, dismissal of a claim for the debt was denied.

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Adams v. State, No. 563, 2002, SUPREME COURT OF DELAWARE, April 14, 2003, Decided
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Overview: Where defendant had been credited with time served on a prior conviction, he was not entitled to be credited with the same time served on a subsequent conviction.

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Downs v. Knight, C.A. No. 02C-01-024 HDR, SUPERIOR COURT OF DELAWARE, April 14, 2003, Decided
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State v. Videtto, ID No. 0104008670, Supreme Court No. 714, 2002, SUPERIOR COURT OF DELAWARE, KENT, April 14, 2003, Decided
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Brown v. E.I. duPont de Nemours & Co., Nos. 298/299, 2002 (Consolidated), SUPREME COURT OF DELAWARE, April 15, 2003, Decided
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Overview: The statute of limitations for an alleged injury resulting from toxic exposure did not begin to run until plaintiffs were first on notice of a possible connection between mothers' exposure to the product and the children's subsequent birth defects.

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Fields v. State, No. 659, 2002, SUPREME COURT OF DELAWARE, April 15, 2003, Decided
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Holowka v. New Castle County Bd. of Adjustment, C.A. No. 02A-05-017-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 15, 2003, Decided
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Overview: Delaware zoning board's grant of dimensional use variance was supported by substantial evidence where only the lot's shape made it nonconforming, the proposed use was in character with the neighborhood, and most of the neighbors approved.

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MBNA Am. Bank, N.A. v. Capella, C.A. No: 02A-09-014 RSG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 15, 2003, Decided
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Overview: Record supported the Delaware Unemployment Insurance Appeal Board's decision that a bank employee who was fired from her job because she disconnected customer calls was entitled to unemployment benefits.

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State v. Thompson, Def. ID # 0107001877, SUPERIOR COURT OF DELAWARE, SUSSEX, April 15, 2003, Decided
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Overview: Trial court denied defendant's timely first motion for postconviction relief; applying Strickland, he did not show he would not have pleaded guilty because of his counsel's doubts about success of his self-defense claim to burglary and assault.

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