Delaware, April, 2004, State Case law

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State Courts - Delaware - April 27 - April 28, 2004

Comrie v. Enterasys Networks, Inc., C.A. No. 19254, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 27, 2004, Decided
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Overview: Reasonableness of attorneys' fees was based on hourly-rate and hours charged, not on limited level of success of prevailing party. Expert fees for testimonial, waiting, and travel time were recoverable, those for consulting and preparation were not.

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Ison v. E.I. DuPont De Nemours & Co., C.A. No. 97C-06-193 (CHT), C.A. No. 97C-06-194 (CHT), C.A. No. 97C-07-113 (CHT), SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 27, 2004, Decided
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Overview: In products liability suits by several children against a chemical manufacturer, it was appropriate to consolidate the cases into four groups of two children each, combining the cases most similar in terms of the children's dates and places of birth.

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State v. Brown, ID No. 9601000561, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 27, 2004, Decided
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Overview: Reduction of mandatory minimum sentences for defendant's crime did not apply retroactively, so defendant was not entitled to reduction of his sentence. Defendant's motion was also improper repetitive request for reduction of sentence.

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State v. Comer, ID No. 0309020489, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 27, 2004, Decided
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Overview: Probative value of evidence that a murder defendant was on probation outweighed prejudicial effect, as evidence described sequence of events, beginning with how officers could identify defendant and was material to why probation officers pursued him.

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Tafeen v. Homestore, Inc., Civil Action No. 023-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, April 27, 2004, Decided
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Overview: Corporation demonstrated a plausible ground for its unclean hands defense by alleging that a former officer, seeing other corporate officers being prosecuted in relation to revenue overstatements, bought a home in Florida to shelter assets.

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In re Solomon, No. 54, 2004, SUPREME COURT OF DELAWARE, April 28, 2004, Decided
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Overview: Where an attorney who was already on public probation committed other acts of professional misconduct, the probation was extended; the clients were unharmed, her office skills had improved, and there was no selfish or dishonest motivation.

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Marmon v. Arbinet-Thexchange, Inc., Civil Action No. 20092, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 28, 2004, Decided
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Overview: Although evidence which stockholder presented in support of his request for an order allowing him to inspect corporation's books and records to determine if there was mismanagement was hearsay, it was credible, and chancery court granted the request.

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State v. Watson, (NO NUMBER IN ORIGINAL), SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 28, 2004, Decided
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Overview: Where defendant's second postconviction claims were unsubstantiated and the motion was filed almost two and a half years after the expiration of the statutory time period for filing, the motion was dismissed as procedurally barred.

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Villabona v. Bd. of Med. Practice , C.A. No. 03A-09-007 WLW, SUPERIOR COURT OF DELAWARE, KENT, April 28, 2004, Decided
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Overview: Doctor's guilty plea to sex offenses was sufficient to support determination that he had engaged in unprofessional conduct and to support imposition of sanctions, including requirement that doctor inform patients of plea and be placed on probation.

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