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   State Courts - Delaware - April 6 - April 10, 2000

  
Cochran v. Stifel Fin. Corp., C.A. No. 17350, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 6, 2000, Decided
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Overview: Where parties disputed whether one-year or three-year statute of limitations applied to indemnification claims, request to certify the issue was denied because issue did not rise to necessary level to warrant interlocutory review.

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Mumford v. State, No. 388, 1999, SUPREME COURT OF DELAWARE, April 6, 2000, Decided
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Overview: Appellant's direct appeal was wholly without merit and devoid of any non-frivolous issues, so judgment of trial court was affirmed, and appellate counsel's motion to withdraw was moot.

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Quadrangle Offshore (Cayman) LLC v. Kenetech Corp., No. 498, 1999, SUPREME COURT OF DELAWARE, April 6, 2000, Decided
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Masso v. Pulte Home Corp., C.A. No. 1998-10-314, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, April 7, 2000, Decided
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Overview: Motion to dismiss breach of contract action arising from construction of home was denied where there were facts in complaint and allegations which were susceptible to proof for which buyers could recover.

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State v. Odom, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 7, 2000, Decided
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Overview: Where there was ample evidence to support a guilty verdict and defendant failed to make a case for a new trial based upon new evidence, motion for a new trial was denied.

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Wilmington Trust Co. v. Amrhein, C.A. No. 98-12-0021, COURT OF COMMON PLEAS OF DELAWARE, KENT, April 7, 2000, Decided
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Overview: Affirmative fraud defense required false representation and intent that it be believed and relied upon. Innocent misrepresentation of material fact, made with neither full knowledge nor with intent to deceive, did not support fraud defense.

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Law v. Law, No. 337, 1999, SUPREME COURT OF DELAWARE, April 10, 2000, Decided
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Overview: Trust remaindermen's judgment for trustees' breach of duties to properly fund trust and make timely accountings was affirmed, but judgment that investing in tax-exempt government bonds was a breach of duty was reversed.

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State v. Hunter, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 10, 2000, Date Decided
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Overview: Even though the police relied on an invalid arrest warrant to arrest defendant, evidence discovered on defendant was admissible because it was discovered pursuant to a lawful protective detention and pat-down.

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Underwood v. Beatty, Inc., C.A. No. 00A-01-001-VAB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 10, 2000, Decided
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Overview: Decision to terminate total disability benefits affirmed where administrative board wrote thorough opinion based on comprehensive record, summarizing in detail evidence and giving clear and careful findings of fact and conclusions of law.

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