Delaware, April, 2004, State Case law

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State Courts - Delaware - April 30, 2004

CONRAIL v. Liberty Mut. Ins. Co., C. A. No. 97C-10-001 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2004, Decided
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Overview: Since wrongful death actions against railroad after accidents in which both the railroad and a construction contractor were likely to be found at fault involved potential liability, railroad's insurer had a duty to defend; contractor's failure to obtain required extra coverage did not make railroad an additional insured under contractor's policy.

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Citizens' Coalition, Inc. v. Sussex County Council, Civil Action No. 2218-S, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 30, 2004, Decided
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Overview: Court denied petition to invalidate rezoning to allow 185 rather than 60 housing units; county council had final authority and its decision was based on substantial evidence, input from other agencies, and was not arbitrary and capricious.

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Cooper v. State, No. 604, 2003, SUPREME COURT OF DELAWARE, April 30, 2004, Decided
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Overview: State supreme court found that defendant who pled guilty to first degree assault and possession of a deadly weapon during the commission of a felony could not raise a meritorious claim on appeal, and it affirmed defendant's conviction.

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Friebel v. Nat'l Glass & Metal, C.A. 03A-07-013-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2004, Decided
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Overview: Under Delaware law, proper presentment of medical bills could be properly tied to eventual availability of recovery of related attorneys' fees in a workers' compensation action.

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Harding v. State, No. 143, 2004, SUPREME COURT OF DELAWARE, April 30, 2004, Decided
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Overview: State supreme court dismissed defendant's appeal from trial court's order denying his petition for postconviction relief because defendant filed his notice of appeal more than 30 days after trial court entered its order, and delay was not excusable.

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Messina v. Klugiewicz, C.A. No. 2244-S, C.A. No. 2247-S, C.A. No. 2300-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, April 30, 2004, Decided
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Overview: In the first case, defendants' summary judgment motion was granted because the corporation had fully satisfied plaintiffs' original demand for inspection of books and records.

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Metro Commun. Corp. BVI v. Advanced Mobilecomm Techs. Inc., C.A. No. 20099, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 30, 2004, Decided
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Overview: A former LLC member's fiduciary duty and common law fraud claims were sustained but the extent of those claims against particular defendants differed depending on when defendants came to know about the bribery leading to the LLC's dissolution.

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Nationwide Prop. & Cas. Ins. Co. v. Kent, No. 142, 2004, SUPREME COURT OF DELAWARE, April 30, 2004, Decided
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Realty Assocs. Fund III, L.P. v. Lucent Techs., Inc., C.A. No. 02C-08-130 CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2004, Decided
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Overview: Lease assignee was granted summary judgment under an interpretation of the provisions of an original lease agreement and amendment thereto and the successor in interest to the original landlord was not entitled to recapture the lease premises.

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Schneider v. Unemployment Ins. Appeal Bd., C.A. No. 03A-09-004 WLW, SUPERIOR COURT OF DELAWARE, KENT, April 30, 2004, Decided
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Overview: Delaware Unemployment Insurance Appeal Board erred when it found that a school bus driver who worked 30 hours per week was not eligible to receive unemployment benefits because he worked full time.

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