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   State Courts - Delaware - April 20 - April 24, 2001

  
Latchford v. Schadt, C.A. No. 98C-02-170, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 20, 2001, Decided
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Overview: Ordinance delegating city's statutory responsibility for sidewalk maintenance to abutting landowners was within municipal powers under Delaware's home rule statute.

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Neuberger v. Sandy River 2000, L.L.C., C.A. No. 18239-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 20, 2001, Decided
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Overview: In suit against landlord for rescission of lease and damages, chancery court transferred matter to superior court to address only damages issue as equitable rescission was no longer necessary because the lease had effectively terminated.

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Norfleet v. Mid-Atlantic Realty Co., C.A. No. 95C-11-008 WLW, SUPERIOR COURT OF DELAWARE, KENT, April 20, 2001, Decided
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Overview: Tenant could attempt to prove that Delaware real estate professionals adhered to a higher standard of care than statutes required; expert witnesses had to be experts in local practices.

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Dawson v. State, No. 168, 2001, SUPREME COURT OF DELAWARE, April 23, 2001, Decided
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State v. Sturgis, Cr.A. No. IK97-03-0024-R1, SUPERIOR COURT OF DELAWARE, KENT, April 23, 2001, Decided
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Overview: Defendant could not obtain post-conviction relief from guilty plea where record established that evidence against him was overwhelming and counsel arranged the very best plea agreement possible.

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Brown v. Deardorff Assocs., No. 249, 2000, SUPREME COURT OF DELAWARE, April 24, 2001, Decided
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Paulovitz v. Bohemia Dev. Assocs., C.A. No.: 1997-12-017, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, April 24, 2001, Decided
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Overview: Where plaintiff was nearly two hours late for trial, and she had failed to timely comply with many of the trial court's orders, her motion to reopen the trial court's dismissal for her non-appearance was denied.

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Savor, Inc. v. FMR Corp., C.A. No. 00C-10-249-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 24, 2001, Decided
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Overview: In misappropriation of trade secret action, unfair competition and civil conspiracy claims were dismissed where they failed as matter of law. Plaintiff sought relief under Delaware's trade secrets statute which displaced conflicting remedies.

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State Site Excavating v. Double S. Fine Homes, C.A. No. 99C-06-059-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 24, 2001, Decided
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Overview: LLC's statement that it was ceasing lot work was not anticipatory breach of site work contract. Owner breached site work contract by sending termination letter. LLC did not show that overhead was incurred.

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State v. Willis, Criminal I.D. No. 0008017053, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 24, 2001, Decided
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Overview: Where there was a five month delay in bringing an indictment against the defendant, the issue of actual prejudice to the defendant did not need to be resolved due to the egregious nature of the delay.

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