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   State Courts - Delaware - May 1, 2007

  
Clough v. Interline Brands, Inc., No. 549, 2006, SUPREME COURT OF DELAWARE, May 1, 2007, Decided
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Overview: Summary judgment for driver's employers in a negligence claim arising from a traffic accident was proper because, at the time of the accident, the driver had completed his last sales appointment for the day and was on his way home, and thus, the driver was not acting within the scope of his employment when the accident occurred.

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Farmers for Fairness v. Kent County, Civil Action No. 2122-CC, COURT OF CHANCERY OF DELAWARE, KENT, May 1, 2007, Decided
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Overview: Landowners were entitled to an injunction because, in enacting a Coastal Zone Protection Overlay Ordinance, a county levy court violated the uniformity requirements of Del. Code Ann. tit. 9, § 4902(b), thus rendering the ordinance void.

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LaPoint v. AmerisourceBergen Corp., Civil Action No. 327-CC, COURT OF CHANCERY OF DELAWARE, SUSSEX, May 1, 2007, Decided
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Overview: Shareholders of a corporation acquired in a merger were granted summary judgment on issues of contractual interpretation raised in the acquiring corporations' motion for summary judgment because, pursuant to the terms of the merger agreement, the shareholders timely commenced their challenge to payments and a transaction was a bundled sale.

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Nichols v. Lewis, No. 128, 2007, SUPREME COURT OF DELAWARE, May 1, 2007, Decided
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Workers' Comp. Fund v. Indus. Accident Bd., No. 457, 2006, SUPREME COURT OF DELAWARE, May 1, 2007, Decided
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Overview: A writ of prohibition was denied as the Delaware Industrial Accident Boards lack of jurisdiction was not manifestly apparent. Questions of whether the two-year limitation period began with the first payment after the second injury became permanent, and whether Del. Code Ann. tit. 19, § 2327 was a statute of limitation, should have been appealed.

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