Delaware, May, 2007, State Case law

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State Courts - Delaware - May 17 - May 18, 2007

Buchanan v. Gay, No. 562, 2006, SUPREME COURT OF DELAWARE, May 17, 2007, Decided
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Overview: The dismissal of plaintiff's action against defendants alleging breach of fiduciary duty, medical malpractice, and other causes of action was affirmed, as it was manifest on the face of the opening brief that the appeal was without merit.

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Cochran v. State, No. 49, 2007, SUPREME COURT OF DELAWARE, May 17, 2007, Decided
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Overview: Trial court properly denied defendant's motion for postconviction relief pursuant to Del. Super. Ct. R. Crim. P. 61; defendant's claims were either procedurally barred because they were not raised on direct appeal, they were not supported by the evidence, or defendant did not present any evidence that the pleas he entered were involuntary.

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In re Petition for a Writ of Certiorari by Salah, No. 63, 2007, SUPREME COURT OF DELAWARE, May 17, 2007, Decided
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Montgomery v. Achenbach, C.A. No. 04C-11-048 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 17, 2007, Decided
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Overview: Individual defendants' motion to enforce a settlement agreement was denied because the individuals' attempted acceptances of a guardian's settlement offer was made after a specified date that terminated the offer. Because the acceptance was untimely, there was no binding agreement to enforce.

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Perkins v. Corr. Med. Servs., C.A. No. 07C-04-017 THG, SUPERIOR COURT OF DELAWARE, SUSSEX, May 17, 2007, Decided
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Overview: Although the plaintiff was entitled to proceed in forma pauperis in his claim for health care negligence, he was lacking the affidavit of merit that Del. Code Ann. tit. 18, ? 6853 required; therefore, the plaintiff was granted 60 days in which to file the affidavit in order for the action to proceed.

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State v. Caldwell, (ID. No. 0604016016), SUPERIOR COURT OF DELAWARE, KENT, May 17, 2007, Decided
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Overview: Although he had voluntarily waived his Miranda rights, a juvenile's motion to suppress the statements he made during a police interrogation was granted with respect to the statements made after he was told he was being charged with murder where his parents' coercive conduct could not be separated from the police interrogation.

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Fedirko v. G&G Constr., Inc., C.A. No. 07C-01-045 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 18, 2007, Submitted, May 18, 2007, Decided; May 22, 2007, Written Decision
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Overview: Party absent from plaintiffs contract action was not necessary party, as plaintiffs obtained assignment from absent party by which absent party gave up all rights to file lawsuit based on claim arising from contract and assigned rights to plaintiffs. As such, neither Del. Super. Ct. R. Civ. P. 19(a)(1) nor (2) could be met in this instance.

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McGriff v. State, No 49, 2006, SUPREME COURT OF DELAWARE, May 18, 2007, Decided
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Overview: Trial court did not abuse its discretion when it dismissed defendant's motion for postconviction relief because it was barred by Del. Super. Ct. R. Crim. P. 61(i)(4), as the caselaw in effect at the time of the direct appeal had not been overturned and it continued to apply in any postconviction review of the proceedings.

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N. Am. Catholic Educ. Programming Found., Inc. v. Gheewalla, No. 521, 2006, SUPREME COURT OF DELAWARE, May 18, 2007, Decided
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Overview: Trial court properly dismissed the putative creditor's complaint for failure to state a claim; putative creditor of the corporation did not have a right, as a matter of law, to assert direct claims for breach of fiduciary duty against the corporate directors of a corporation that was either insolvent or in the zone of insolvency.

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Openwave Sys. v. Harbinger Capital Partners Master Fund I, Ltd., C.A. No. 2690-VCL, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 18, 2007, Decided
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Overview: Corporation and its chairman were awarded judgment in an action under Del. Code Ann. tit. 8, ? 225 because a hedge fund, which owned stock in the corporation, did not comply with any nomination deadline for directors under any reasonable reading of the bylaws. The fund was thus not excused from compliance with the bylaws in nominating directors.

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