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   State Courts - Delaware - June 30, 2000

  
City of Wilmington v. Bassett, C.A. No. 99C-09-140 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 30, 2000, Decided
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Overview: Prior to "beneficial ownership" amendment to city tax code, former general partner's sale of its limited partnership (LP) interest to new general partner was not subject to realty transfer tax, although LP's primary asset was real estate.

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Dean v. DVI Fin. Servs., No. 591, 1999, SUPREME COURT OF DELAWARE, June 30, 2000, Decided
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Eon Labs Mfg. v. Reliance Ins. Co., No. 417, 1999, SUPREME COURT OF DELAWARE, June 30, 2000, Decided
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Overview: "Arising out of" language was unambiguous and product hazard exclusion in drug manufacturer's insurance policy applied to the fen-phen suits against it; thus insurer was not obligated to defend manufacturer in the suits.

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Everett v. Rowe, No. 256, 2000, SUPREME COURT OF DELAWARE, June 30, 2000, Decided
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Gutheim v. Viacom, Inc., C.A. No. 99C-09-284 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 30, 2000, Decided
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Overview: Defendant's motion to dismiss was granted, as plaintiffs had received sufficient notice in the poorly written warrant agreement of the five-year time limit for exercising unexpired warrants.

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In re Coleman, No. 263, 2000, SUPREME COURT OF DELAWARE, June 30, 2000, Decided
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Overview: Writ of mandamus demanding trial court produce copy of grand jury transcripts of proceedings indicting petitioner denied for failure to demonstrate entitlement thereto or that trial court arbitrarily refused to perform duty owed him.

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Kubasko v. Pfizer, Inc., CIVIL ACTION NUMBER 98C-04-003-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 30, 2000, Decided
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Overview: Defendant's motion to dismiss plaintiffs' negligence action denied; most significant relationship test favored application of Delaware law, as plaintiff was citizen of Delaware, and subcontractor who hired plaintiff was located in Delaware.

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Mghirbi v. State, No. 47, 2000, SUPREME COURT OF DELAWARE, June 30, 2000, Decided
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Overview: Defendant's sexual assault conviction was affirmed, as evidence was sufficient for jury to find essential elements of crime beyond reasonable doubt; ineffective assistance claim would not be addressed for first time on appeal.

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State v. Frink, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 30, 2000, Decided
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Overview: Defendant was granted a new trial on possession with intent to deliver cocaine, based on the unusual dynamics of the case, where the jury was evenly deadlocked just 30 minutes before the guilty verdict.

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State v. Tiberi, Case No. 9806007506, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, June 30, 2000, Decided
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Overview: Motion to vacate dismissal of charges was denied where court was satisfied that delay in prosecution of case was not result of any action or non-action on part of defendant, but clearly was result of non-action by State.

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