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   State Courts - Delaware - April 29, 2003

  
Adams v. State, No. 581, 2002, SUPREME COURT OF DELAWARE, April 29, 2003, Decided
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DCV Holdings v. Conagra, Inc., No. 550, 2002, SUPREME COURT OF DELAWARE, April 29, 2003, Decided
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Overview: Where there were material disputes of fact as to whether there was adequate disclosure of the "bogus" nature of a rebate and as to the parties' intent in negotiating an indemnity provision, summary judgment was improper.

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Deeney v. State, C.A. No. 02A-02-007 JTV, SUPERIOR COURT OF DELAWARE, KENT, April 29, 2003, Decided
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Overview: The employer's expert's opinion that the worker did not have post-traumatic stress disorder and the Delaware Industrial Accident Board's decision to deny benefits on the basis of that opinion were supported by substantial evidence.

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Eugene A. Delle Donne & Son, L.P. v. Applied Card Sys., No. 601, 2002, SUPREME COURT OF DELAWARE, April 29, 2003, Decided
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Overview: Tenant's unpaid rent was for the upper floor holdover tenancy rather than the lower floor procured through an amended lease and was not an event of default because it did not occur during the term of the original lease.

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Jackson v. State, No. 444, 2002, SUPREME COURT OF DELAWARE, April 29, 2003, Decided
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Overview: Where defendant knew that a statement about escaping violated a boot camp general order and the order was reasonably related to the camp's goals, defendant's original sentence was properly reinstated and no constitutional rights were violated.

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Jobs for Del. Graduates v. Jordan, C.A. No. 02A-06-015 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 29, 2003, Decided
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Overview: The Delaware Industrial Accident Board did not err in authorizing a total knee replacement for an employee because there was substantial evidence in the record that the accident acted as a triggering event, satisfying causation.

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Jose v. Playtex Apparel, C.A. No. 02A-08-001 JTV, SUPERIOR COURT OF DELAWARE, KENT, April 29, 2003, Decided
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Overview: The Delaware Industrial Accident Board did not err in denying the claimant's petition to determine compensation due, as the employer's doctor's opinions on the causation of the claimant's injuries were supported by substantial evidence.

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Omowunmi v. Draper, No. 146, 2002, SUPREME COURT OF DELAWARE, April 29, 2003, Decided
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Overview: A father's appeal of a grant of sole custody of the parties' daughter to the mother was dismissed for failure to diligently prosecute the appeal, and the father failed to respond to a notice to show cause why the appeal should not be dismissed.

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Pennewell v. State, No. 410, 2002, SUPREME COURT OF DELAWARE, April 29, 2003, Decided
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Overview: Where no "exceptional circumstances" warranted an untimely motion to suppress, a prosecutor's comments properly asked a jury to use its own experiences, and the best evidence rule did not apply, a new trial was unnecessary.

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Rogers v. State, No. 474, 2002, SUPREME COURT OF DELAWARE, April 29, 2003, Decided
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Overview: Defendant's allegation, that his guilty plea was involuntary, was contradicted by a guilty plea form and by statements at the plea colloquy that he voluntarily entered his plea and was satisfied with his counsel's representation.

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