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   State Courts - Delaware - May 13, 2004

  
Allen v. Lee, C.A. No. 1295-K, COURT OF CHANCERY OF DELAWARE, KENT, May 13, 2004, Decided
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Overview: Where purchaser sought remedy of specific performance in breach of contract action involving purchase of one-half interest in farm, master in chancery recommended appraisal of property, as property appeared to be vastly underpriced.

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Cousins v. State, No. 593, 2003, SUPREME COURT OF DELAWARE, May 13, 2004, Decided
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Overview: A videotaped interview of a five-year old rape victim, made the day after the crimes, was properly admitted into evidence and given to the jury prior to deliberations. The interview was not a deposition and not subject to the rules for depositions.

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Michaud v. Fairchild Aircraft, Inc., C.A. No. 00C-06-156-SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 13, 2004, Decided
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Overview: Quebec law was the proper choice of law in a personal injury action arising from an airplane crash, where the decedents were Quebec residents, the crash occurred en route from Quebec, and Quebec workers' compensation was received by the survivors.

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O'Donnell v. State, No. 437, 2003, SUPREME COURT OF DELAWARE, May 13, 2004, Decided
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Pesta v. Warren, C.A. No. 03C-04-294 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 13, 2004, Decided
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Overview: Although a tenant never signed a lease, where a landlord had evicted her, his judicial admission in that proceeding that she was a tenant could not be refuted in a later personal injury action by a social guest of the tenant.

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Sheppard v. State Dep't of Health & Soc. Servs., C.A. No. 03C-01-096-MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 13, 2004, Decided
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Overview: An interlocutory order denying the motion of state agencies and employees to dismiss a wrongful death suit on sovereign immunity grounds determined substantial issues and established legal rights, meeting the criteria allowing an appeal of the order.

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Trammell v. Div. of Child Support Enforcement/Thomas, No. 291, 2003, SUPREME COURT OF DELAWARE, May 13, 2004, Decided
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Vincent v. Gordy's Lumber Mill, C.A. No. 03A-06-001 ESB, SUPERIOR COURT OF DELAWARE, SUSSEX, May 13, 2004, Decided
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Overview: In workers' compensation case, when employer sought credit because employee seeking benefits missed two appointments with employer's expert, employer had to present evidence showing reasonableness of credit, and counsel's statement was insufficient.

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