Delaware, April, 2006, State Case law

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State Courts - Delaware - April 14 - April 17, 2006

Oliver v. Boston Univ., C.A. No. 16570-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 14, 2006, Decided
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Overview: In a derivative action suit asserting breach of fiduciary duty, the common shareholders of a biotechnology corporation, wherein a state university was the majority shareholder, were held entitled to damages in excess of $ 4 million due to the university's actions in diluting its interest in the corporation via a series of financing transactions.

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Empire Fin. Servs. v. Bank of N.Y., No. 310, 2005, SUPREME COURT OF DELAWARE, April 17, 2006, Decided
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Overview: Contract measure of damages was wrongly applied against a bank whose employee conspired with collection agency's president to transfer bank's business to president's new agency; in stealing agency's bank files, president committed wrongful interference with agency's prospective, at-will, contractual relationship, and lost profits were recoverable.

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Guinn v. Trala, C.A. No. 03C-12-265 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 17, 2006, Decided
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Overview: Defendant could call plaintiffs' expert as he voiced no objections to being called by defendant and he had reached same conclusion about snowplow lights as defendant's expert. Both experts had opportunity to examine snowplow lights soon after accident, but defendant's other accident reconstruction expert did not have such opportunity.

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Harris v. Daimler Chrysler, No. 629, 2005, SUPREME COURT OF DELAWARE, April 17, 2006, Decided
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Heritage Homes of De La Warr, Inc. v. Alexander, No. 462, 2005, SUPREME COURT OF DELAWARE, April 17, 2006, Decided
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Mills v. State, No. 484, 2005, SUPREME COURT OF DELAWARE, April 17, 2006, Decided
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Overview: Defendant did not show that his Fourth Amendment rights were violated when he was detained and evidence was seized incriminating him as the result of the stop of the vehicle in which he was a passenger, for speeding; vehicle was registered to and owned by the driver, and search revealing incriminating evidence was incident to driver's arrest.

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Nucar v. Doyle, Civil Action No. 19756-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 17, 2006, Decided
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Overview: Chancery court determined the amount of attorney's fees to which a consulting company was entitled in successfully prosecuting a misappropriation of trade secrets claim under Del. Code Ann. tit. 6, ? 2004, but denied costs under Del. Code Ann. tit. 10, ? 5102 because the company did not bring the action in the county where the defendant resided.

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