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   State Courts - Delaware - May 9 - May 12, 2003

  
Albu Trading, Inc. v. Allen Family Foods, Inc., No. 487, 2001, SUPREME COURT OF DELAWARE, May 9, 2003, Filed
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Overview: Plaintiff failed to show there was a material issue of fact to support its breach of contract claim that defendant's chicken was contaminated; record showed chicken was delivered free of salmonella and remained frozen until plaintiff took possession.

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Chrysler Corp. v. Chaplake Holdings, Ltd., Nos. 63, 2002, 65, 2002 (Consolidated), SUPREME COURT OF DELAWARE, May 9, 2003, Decided
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Overview: Promissory estoppel claim was properly submitted to the jury, where the car dealers showed that a series of promises was made by a manufacturer to the car dealers, upon which they reasonably relied, and took action to their detriment.

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Cannon v. George, C.A. No. 03M-03-026, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 12, 2003, Decided
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Overview: Motion to proceed in forma pauperis was denied, as it was not notarized as required by statute, and petition for writ of mandamus was dismissed, as petitioner did not seek performance of clear legal or ministerial duty and he was not owed duty.

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Drysdale v. Noble, C.A. No. 02-04-235 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 12, 2003, Decided
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Overview: Corporation's motion to vacate superior court commissioner's order in response to patient's motion to compel was untimely, as the corporation did not file objections within 10 days of issuance of the order and no "excusable neglect" was shown.

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Nickerson v. State, No. 54, 2003, SUPREME COURT OF DELAWARE, May 12, 2003, Decided
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Overview: Where defendant failed to raise an alleged error on his direct appeal and he also failed to show that there was cause for relief and that his rights were prejudiced, his postconviction motion on that alleged error was procedurally barred.

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Playtex Prods. v. Leonard, No. 689, 2002, SUPREME COURT OF DELAWARE, May 12, 2003, Decided
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Smith v. State, No. 624, 2002, SUPREME COURT OF DELAWARE, May 12, 2003, Decided
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Overview: Where defendant's appeal was without merit, his conviction was affirmed and a motion to withdraw by counsel was moot.

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State v. Bass, I.D. No. 9807021744, Cr.A. No. IN98-08-0970, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 12, 2003, Decided
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Overview: Counsel was not ineffective in failing to move to suppress evidence that would never have been suppressed, so defendant could not argue that the admission of the evidence effectively forced him to plead guilty.

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