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   State Courts - Delaware - April 24, 2006

  
Bruton v. State, No. 100, 2006, SUPREME COURT OF DELAWARE, April 24, 2006, Decided
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Capano v. Aber, No. 516, 2005, SUPREME COURT OF DELAWARE, April 24, 2006, Decided
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Gullion v. Advance Xing Pain, C. A. No. 05A-10-005-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 24, 2006, Decided
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Overview: Because a former employee failed to prosecute an appeal before the Unemployment Insurance Appeal Board, pursuant to Del. Code Ann. tit. 19, ?? 3320, 3322(a), the former employee did not exhaust his administrative remedies; consequently, his appeal was dismissed for lack of jurisdiction.

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In re Lewis, No. 66, 2006, SUPREME COURT OF DELAWARE, April 24, 2006, Decided
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In re Martin, No. 70, 2006, SUPREME COURT OF DELAWARE, April 24, 2006, Decided
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Jackson v. Williams, No. 533, 2005, SUPREME COURT OF DELAWARE, April 24, 2006, Decided
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Overview: Because an inmate presented no evidence that either a family court or a common pleas court lacked jurisdiction to sentence him for the offenses he committed, the trial court properly denied the inmate's Del. Code Ann. tit. 11, ? 6902(1) petition for a writ of habeas corpus.

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Layton v. State, No. 451, 2005, SUPREME COURT OF DELAWARE, April 24, 2006, Decided
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Pulli v. Intervet, Inc., C.A. No. 05A-11-003, SUPERIOR COURT OF DELAWARE, SUSSEX, April 24, 2006, Decided
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Overview: Decision of an appeals referee controlled as the vote of the Delaware Unemployment Insurance Appeal Board was evenly split. The referee's decision to deny unemployment benefits was affirmed under Del. Code Ann. tit. 29, ? 10142(d) as the decision was based on sufficient substantial evidence and no error of law or abuse of discretion was found.

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Quereguan v. New Castle County, Civil Action No. 20298-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 24, 2006, Decided
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Overview: State of Delaware's motion to dismiss a county's contribution and indemnification claim was denied because the State implicitly waived sovereign immunity under Del. Code Ann. tit. 29, ? 8803(14) (repealed) as to a lease with the county. Further, Del. Const. art. VIII, ?? 3 and 6 did not bar the county from obtaining indemnification.

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Shipley v. State Farm Mut. Auto. Ins. Co., No. 450, 2005, SUPREME COURT OF DELAWARE, April 24, 2006, Decided
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Overview: Because an insured did not timely serve an insurer under Del. Super. Ct. R. Civ. P. 4(j), and because, pursuant to Del. Code Ann. tit. 18, ? 524(c), service on the insurer could only be perfected by serving the Insurance Commissioner, the trial court did not err in dismissing the insured's complaint due to insufficient service.

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