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   State Courts - Delaware - May 10 - May 11, 2004

  
Blythe v. VPI Mirrex, LLC, C.A. No: 03A-08-005 RSG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 10, 2004, Decided
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Overview: Industrial Accident Board erred in denying employee's request for attorney fees; employee was entitled to a limited award of attorney fees because Board did not terminate employee's temporary total disability as of the date requested by the employer.

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Hahn v. State, I.D. No. 0304003076, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 10, 2004, Issued
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Overview: Where defendant's prior conviction involved dishonesty or false statement, a trial court, in conducting an otherwise unrequired balancing test, did not abuse its discretion in admitting evidence of the conviction for impeachment purposes.

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In re Lot No. 36, 62 Millwright Dr., C.A. No. 19868, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 10, 2004, Decided
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Overview: Landowner was unable to establish that she owned land on her side of fence by adverse possession because she had her neighbors' permission to place fence on part of their property. Thus, she was unable to show essential element of adverse possession.

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State v. Cannon, Def. ID # 0308015850, SUPERIOR COURT OF DELAWARE, SUSSEX, May 10, 2004, Decided
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Overview: Where defendant did not argue, and the facts did not show, that the jury verdict was a coerced or inconsistent, defendant's motion for a new trial was denied.

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State v. Rogers, Def. I.D. No. 0112016209, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 10, 2004, Decided
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Overview: Where defendant litigated the adequacy of the evidence and the credibility of the witnesses and his claims of cause and prejudice against his counsel were unsubstantiated, his motion for postconviction relief was denied.

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Alessi v. Beracha, C.A. No. 18993-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 11, 2004, Decided
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Overview: A corporate board of directors could be found liable for breach of fiduciary duty in failing to disclose a merger that was being negotiated at the time that a voluntary buy-sell program was offered to the corporate shareholders; dismissal was denied.

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Emplrs Ins. Co. v. Pinkerton's Inc., C.A. No. 03C-01-214 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 11, 2004, Decided
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Overview: An unopposed first motion to amend to conform a complaint to the evidence presented during discovery was granted, as was an unopposed motion to transfer claims seeking the reformation of certain insurance policies to the chancery court.

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Roane v. State, No. 454, 2003, SUPREME COURT OF DELAWARE, May 11, 2004, Decided
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Overview: Defendant was properly convicted of robbery in the first degree where evidence of physical injury to the victim was properly admitted at trial and where a lesser charge instruction was not ambiguous and defendant was convicted of the greater charge.

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Turulski Custom Woodworking v. Sun Dog Cabinetry, C.A. 03A-04-013-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 11, 2004, Decided
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Overview: An "untoward" event, constituting an accident or event beyond an employee's normal duties, was the proximate cause of the compensable "aggravation" of his disk problem, such that compensation liability fell only on the current employer.

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