Delaware, May, 2007, State Case law

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State Courts - Delaware - May 15 - May 16, 2007

Allstate Ins. Co. v. Boling, No. 171, 2007, SUPREME COURT OF DELAWARE, May 15, 2007, Decided
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Burton v. State, No. 343, 2006, SUPREME COURT OF DELAWARE, May 15, 2007, Decided
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Overview: Trial court properly ordered new jury selection in defendant's criminal prosecution after finding that defense counsel's use of peremptory challenges to all white males over the age of 40 based on their "body language" was pretextual and constituted a Batson violation; trial court's action did not deprive defendant of trial by jury.

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Dahl v. State, No. 422, 2006, SUPREME COURT OF DELAWARE, May 15, 2007, Decided
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Overview: Because a dance academy taught both adults and children, the State failed to prove that it was a "school" as defined by Del. Code Ann. tit. 11, ? 1112(b)(2); therefore, the trial court erred in denying defendant's motion for a judgment of acquittal.

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In re Dixon, No. 101, 2007, SUPREME COURT OF DELAWARE, May 15, 2007, Decided
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Seaford Golf & Country Club v. E. I. duPont de Nemours & Co., No. 530, 2006, SUPREME COURT OF DELAWARE, May 15, 2007, Decided
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Overview: Trial court erred in granting summary judgment to property owner and against club on club's summary judgment cross-motion whether certain property sold and leased to club remained subject to restrictions in property owner's favor; trial court should have addressed contrary conclusion that sale of "plant" did not include sale of underlying land.

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Levy v. HLI Operating Co., C.A. No. 1395-VCL, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 16, 2007, Decided
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Overview: Corporation was awarded partial summary judgment on former outside directors' suit for indemnification under Del. Code Ann. tit. 8, ??145 because the corporation was not required to indemnify the directors for money which a stockholder that placed the directors on the corporation's board paid on their behalf in a settlement.

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MetCap Secs. LLC v. Pearl Senior Care, Inc., C.A. No. 2129-VCN, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 16, 2007, Decided, May 16, 2007, Filed
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Overview: Financial advisor's fraud, third party, and reformation claims against companies that assumed the obligations of a business entity that retained the advisor in a merger were dismissed because the companies owed the advisor no duty of disclosure, and the advisor was not a party to or third party beneficiary of the merger agreement and its amendment.

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State v. Walker, Cr. I.D. No. 0405000068, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 16, 2007, Decided
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Overview: Because the factual basis for defendant's Del. Super. Ct. R. Crim. P. 61(d)(3) motion was purely hypothetical, because no Batson challenge was raised during jury selection, and because he had not made the requisite showing, defendant's pro se request for a transcript was denied.

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