Delaware, May, 2007, State Case law

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State Courts - Delaware - May 25, 2007

Akande v. Transamerica Airlines, Inc. (In re Transamerica Airlines, Inc.), Civil Action No. 1039-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 25, 2007, Decided
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Overview: Chancery court granted summary judgment to a foreign judgment creditor who sought to have a foreign judgment recognized and enforced because Delaware's Uniform Foreign Money-Judgments Recognition Act, Del. Code Ann. tit. 10, ?? 4801-4808, provided for recognition of the judgment, and the defenses raised did not bar the judgment's recognition.

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Allen v. State, No. 599, 2006, SUPREME COURT OF DELAWARE, May 25, 2007, Decided
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Overview: Although defendant's prison record was commendable, it was insufficient to establish the "extraordinary circumstances" necessary to excuse defendant's failure to comply with the 90-day limitations period of Del. Super. Ct. R. Crim. P. 35(b).

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Dryden v. Estate of Gallucio, C.A. No. 442-VCN, COURT OF CHANCERY OF DELAWARE, KENT, May 25, 2007, Decided
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Overview: Defendant's motion for reargument was denied in a case where the court had found that plaintiff's deceased former husband had fraudulently transferred a brokerage account to joint ownership with defendant. Defendant was simply reprising arguments that had been previously made, carefully considered, and rejected.

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Farmers for Fairness v. Kent County, Civil Action No. 2122-CC, COURT OF CHANCERY OF DELAWARE, SUSSEX, May 25, 2007, Decided
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Overview: Kent County, Delaware, could adopt overlay zones regulating use and utilization, so long as it complied with the uniformity requirement of Del. Code Ann. tit. 9, ? 4902(b). Even if some regulations did not violate ? 4902, they would have to be stricken because the proper notice under Del. Code Ann. tit. 9, ? 4926 had not been given.

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Hansen v. Kent County, C.A. No. 2288-VCN, COURT OF CHANCERY OF DELAWARE, KENT, May 25, 2007, Decided
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Overview: County's rezoning was affirmed because the objecting neighbors failed to provide a viable challenge based on traffic considerations under Del. Code Ann. tit. 9, ? 4962, the neighbors had no basis for setting aside a comprehensive plan amendment under Del. Code Ann. tit. 29, ? 9103, and notice under Del. Code Ann. tit. 9, ? 4911 was violated.

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Henry v. Nanticoke Surgical Assocs., P.A., C.A. No. 05C-02-031 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 25, 2007, Decided
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Overview: In a survival and wrongful death action, a surgical group was not entitled to summary judgment because there was no evidence that a physician returned patient's call regarding major gas pain after gastric bypass surgery or the contents of such a call. Jury could infer that the group breached the standard of care by failing to return patient's call.

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In re Del. State Hous. Auth. for a Writ of Prohibition, No. 221, 2007, SUPREME COURT OF DELAWARE, May 25, 2007, Decided
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Overview: Petition by the Delaware State Housing Authority for a writ of prohibition to preclude a superior court from requiring it to provide a tenant with a rental unit pending a decision on her writ of certiorari request, arising from summary proceedings which terminated her lease, was denied, as the certiorari matter was within the court's jurisdiction.

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In re Tonwe, No. 584, 2006, SUPREME COURT OF DELAWARE, May 25, 2007, Decided
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Overview: Attorney, who was not authorized to practice law in Delaware, was disbarred for violating Del. R. Prof. Conduct 5.5(b)(1) as many of her Delaware clients were husband's patients, or people she met through church activities. She cultivated network of Delaware contacts who accomplished same result as formal advertising.

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Matria Healthcare, Inc. v. Coral SR LLC, C.A. No. 2513-VCN, COURT OF CHANCERY OF DELAWARE, KENT, May 25, 2007, Decided
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Overview: Corporation's proposed form of order which divided "Customer" claim between Settlement Accountant and American Arbitration Association was improper because it was inconsistent with corporation's position in court and court's memorandum opinion. If "Customer" claim could have been submitted to Settlement Accountant, it was to be resolved that way.

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Stewart v. State, No. 677, 2006, SUPREME COURT OF DELAWARE, May 25, 2007, Decided
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Overview: Defendant was properly sentenced as a repeat offender based on Florida DUI conviction; prior offense under "similar statute" was properly established under Del. Code Ann. tit. 21, ? 4177B(e) without reference to facts and circumstances of the offense and Del. Code Ann. tit. 21, ? 4177 (1995) and Fla. Stat. Ann. ? 316.193 were "similar" statutes.

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