Delaware, May, 2004, State Case law

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State Courts - Delaware - May 3 - May 4, 2004

In re Emerging Communs., Inc. S'Holders Litig., Consolidated Civil Action No. 16415, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 3, 2004, Decided
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Overview: In an appraisal proceeding, the fair value of the shares was determined by using the latest financial projections prior to the merger, calculating the cost of debt input, cost of equity including premiums, and adding interest, compounded monthly.

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Williams v. Howe, C. A. No. 03C-10-054 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 3, 2004, Decided
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Overview: Statute of limitations barred a union officer's defamation suit, fraudulent concealment did not toll the statute, defamatory letter's identification of officer was not shown and it was privileged, and debt collection practices statute did not apply.

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Ayers v. State, No. 13, 2004, SUPREME COURT OF DELAWARE, May 4, 2004, Decided
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Gunzl v. R & K Motors & Mach. Shop, No. 552, 2003, SUPREME COURT OF DELAWARE, May 4, 2004, Decided
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Overview: Highest court affirmed judgment for repair shop in backhoe owner's suit for negligent repairs; highest court could determine appellate issues from owner's pro se brief and sufficient evidence supported the jury's verdict.

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Gupta v. Citizens Bank, No. 459, 2003, SUPREME COURT OF DELAWARE, May 4, 2004, Decided
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Overview: Judgment finding guarantors liable for lender's loan to borrower (that guarantors owned) based upon their signed confession of judgment was proper; lender did not receive letter revoking guarantee and loan fees were paid after letter was sent.

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State v. Wynne, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, SUSSEX, May 4, 2004, Decided
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Overview: Where the State was caught in a change by the trial court of its continuance policy, but failed to secure the presence of a witness for a suppression hearing, the trial court did not abuse its discretion when it denied the continuance request.

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Walley v. State, No. 200, 2003, SUPREME COURT OF DELAWARE, May 4, 2004, Decided
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Overview: There was sufficient, competent evidence, including defendant's own testimony, to support the conclusion that defendant violated the terms of his probation where his probation officer stated that probation had never been transferred to New Jersey.

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