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   State Courts - Delaware - April 18 - April 19, 2001

  
Anderson v. Glacken, No. 10, 2001, SUPREME COURT OF DELAWARE, April 18, 2001, Decided
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In re IBP S'holders Litig. v. Tyson Foods, Inc., Consolidated Civil Action No. 18373, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 18, 2001, Decided
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Overview: Where former merger partners' actions against each other were filed almost contemporaneously, Delaware courts did not apply first-filed rule, but applied forum non conveniens principles in determining to proceed.

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In re Sunstates Corp. S'holder Litig., C.A. No. 13284, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 18, 2001, Decided
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Overview: Complaint alleged well-pleaded facts. Class limited to those with claims arising out of challenged conduct with right to recover relief. Representative owned shares, had standing, and could represent class.

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State Farm Mut. Auto. Ins. Co. v. Kettlewood, Civil Action No. 2000-03-120, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, April 18, 2001, Decided
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Overview: Where the accident was minor, and the insured party did not seek treatment for his lower back until three months after the accident, the insured party and insurer's damages claim for chiropractic treatment was denied.

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Cofrancesco v. Shop-Rite Supermarkets, C.A. No. 98C-09-056-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 19, 2001, Decided
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Overview: Delaware trial court cured prejudice to party from opponent's failure to properly supplement its interrogatory answers by giving generic missing witness instruction; verdict for opponent was not against weight of evidence.

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Keith v. State, No. 427, 1999, SUPREME COURT OF DELAWARE, April 19, 2001, Decided
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Overview: Family court did not abuse its discretion in admitting the out-of-court statements of a victim pursuant to the "tender years" hearsay exception because the statements had particularized guarantees of trustworthiness.

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Leblanc v. Janette H. Redrow & Janette H. Redrow, C.A. No. 99C-02-170-CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 19, 2001, Decided
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Overview: Employee's claim that business and its owner tortiously interfered with her employment contract by causing her employer to fire her was not viable as her employment was terminable at-will, and court entered summary judgment against her.

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State ex rel. Brady v. Publishers Clearing House, C.A. No. 17756, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 19, 2001, Decided
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Overview: Heightened pleading requirements for common law fraud did not apply to statutory consumer fraud, because the latter had few elements in common with the former, and nuisance consumer fraud suits were unlikely.

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State v. Johnson, ID # 9908026980, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 19, 2001, Decided
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Overview: Shooting victim's statements to police and paramedics during hour between shooting and death were admissible, as dying declarations or as excited utterances, to identify defendant as the shooter.

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