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State Courts -
Delaware - July 22 - July 25, 2005
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Fres-Co Sys. USA, Inc. v. Coffee Bean Trading-Roasting, LLC, C.A.NO.05C-02-181-JRS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 22, 2005, Decided
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Overview: Because the only forum non conveniens factor that favored a seller was that Delaware law did not appear to apply to the controversy, the seller did not carry its heavy burden of demonstrating overwhelming inconvenience; consequently, the seller's motion to dismiss was denied.
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Wien v. State, No. 349, 2004,
SUPREME COURT OF DELAWARE, July 22, 2005, Decided
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Overview: Convictions for three counts of violating the Delaware Wetlands Act, Del. Code Ann. tit. 7, ? 6601 et seq., were affirmed because, inter alia, Del. Code Ann. tit. 7, ? 6604 was not unconstitutionally overbroad since it did not regulate conduct that was constitutionally protected.
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