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   State Courts - Delaware - June 26 - June 27, 2000

  
GMC v. PARKER, CIVIL ACTION NUMBER 98A-09-008-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 26, 2000, Decided
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Overview: Claimant's attorney was awarded attorney's fees for only appeals in which it was determined that claimant's worker's compensation claims were not barred by statute of limitations, as other appeals were not affirmations of claimant's position.

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Holden v. Kearney, C.A. NO. 00M-03-001, SUPERIOR COURT OF DELAWARE, SUSSEX, June 26, 2000, Decided
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Overview: Inmate, seeking writ of mandamus for receipt of good time credits from records board, was, indeed, indigent, but claim was not yet ripe as inmate had not completed certain program.

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In re Jones, No. 200, 2000, SUPREME COURT OF DELAWARE, June 26, 2000, Decided
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Overview: The court dismissed the action seeking a writ of mandamus because the court lacked the authority to issue a writ to correctional authorities.

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Murphy v. Thomas, C.A. No. 96C-01-272-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 26, 2000, Decided
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Overview: Jury's verdict on damages was grossly inadequate; thus, court increased the verdicts by way of additur to no less than $ 75,000 for husband and no less than $ 15,000 for wife. If defendants did not agree, new trial would have been granted.

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State v. Arterbridge, CRIMINAL ACTION NO. S99-01-0247, SUPERIOR COURT OF DELAWARE, SUSSEX, June 26, 2000, Date Decided
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Overview: Defendant's trial counsel was not ineffective by failing to move to dismiss an indictment which did not allege intent, because mens rea could be inferred from the indictment's language, and defendant suffered no prejudice.

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St. Catherine v. J.R. Pini Elec. Contrs., C.A. NO. 97C-09-181, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 27, 2000, Decided
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Overview: Defendants were granted summary judgment in plaintiff's suit for damages caused by fire during construction, based on defendants' negligence, as parties' contract waived such damages, which were insured.

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State v. Farrell, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 27, 2000, Date Decided
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Overview: Discrepancies between search warrant, search warrant application, and affidavit regarding items to be searched for did not result in substantive prejudice to defendant as all documents were served on defendant at same time.

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USA Cable v. World Wrestling Fed'n Entertainment, Inc., Civil Action No. 17983, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 27, 2000, Decided
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Overview: TV cable company's right of first refusal to distribute programmer's series was enforceable but not properly exercised, since it failed to unconditionally accept all terms related to the series in programmer's proposed agreement with distributor.

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