Delaware, May, 2009, State Case law

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State Courts - Delaware - May 29, 2009

Beard Research, Inc. v. Kates, Civil Action No. 1316-VCP, COURT OF CHANCERY OF DELAWARE, May 29, 2009, Decided
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Overview: Chancery court found that an adverse inference in favor of employers regarding evidence was appropriate under Del. Ch. Ct. R. 37(b)(2) where a former employee destroyed evidence on his laptop computer that was used in making a presentation to competitors.

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Deputy v. Conlan, C.A. No. 07C-01-202 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 29, 2009, Decided
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Firemen's Ins. Co. v. Birch Pointe Condo. Ass'n, Civil Action No. 4313-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 29, 2009, Decided
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Overview: Chancery court found that an insurer was entitled to request the appointment of an umpire for an arbitration dispute because a selection made for an umpire was void and the impartial appraisers who were appointed to settle a dispute pursuant to an insurance policy provision failed to agree on the appointment of an umpire.

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Master Mech., Inc. v. Shoal Constr., Inc., C.A. No. 08L-12-055 (JTV), SUPERIOR COURT OF DELAWARE, KENT, May 29, 2009, Decided
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McCain v. Council on Real Estate Appraisers, C.A. No. 08A-09-002 (JTV), SUPERIOR COURT OF DELAWARE, KENT, May 29, 2009, Decided
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Oliver v. Boston Univ., C.A. No. 16570-VCN, COURT OF CHANCERY OF DELAWARE, KENT, May 29, 2009, Decided
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Omnicare, Inc. v. Mariner Health Care Mgmt. Co., C.A. No. 3087-VCN, COURT OF CHANCERY OF DELAWARE, KENT, May 29, 2009, Decided
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Pitts v. City of Wilmington, Civil Action No. 4166-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 29, 2009, Decided
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Overview: Because a litigant's Del. Ch. Ct. R. 59(f) request for reconsideration was untimely under Del. Ch. Ct. R. 6(a), and because the litigant did not show a basis for reconsidering or modifying the court's rulings as to either the dismissal of the city or the denial of his request for appointment of an attorney to represent him, the request was denied.

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Stenta v. GMC, C.A. No. 05C-03-328 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 29, 2009, Decided
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Yan Thou v. Motiva Enters., LLC, C.A. No. 06C-04-246 MMJ Consolidated with C.A. No. 06C-04-247 FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 29, 2009, Decided
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