Delaware, May, 2007, State Case law

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State Courts - Delaware - May 29 - May 30, 2007

Bear-Glasgow Dental, LLC v. Edwards, C.A. No. 06A-06-013, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 29, 2007, Decided
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Overview: Claimant was disqualified from receiving unemployment benefits under Del. Code Ann. tit. 19, ? 3314 as her employer was not required to give her a subsequent, unequivocal warning about excessive tardiness before it had just cause to fire her; a prior written warning was sufficient notice even if 15 occurrences of tardiness took place after that.

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Lewis v. State Farm Mut. Auto. Ins. Co., C.A. No. 04C-09-238-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 29, 2007, Decided
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Overview: Insureds, who were awarded damages on their underinsured motorist claim against an insurer, were not entitled to prejudgment interest. The insureds had not placed their policy into the record; thus, the court had no reason to hold that interest began to accrue before the jury decided what the insurer owed on the insureds' personal injury claim.

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Beal Bank, S.S.B. v. Westpoint Int'l, Inc., Civil Action No. 2617-CC, COURT OF CHANCERY OF DELAWARE, SUSSEX, May 30, 2007, Decided
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Overview: Where a pledgor filed bankruptcy and its pledgee sued the buyer of the pledged stock and its directors for, inter alia, breach of fiduciary duties, buyer and directors' motion to dismiss under Del. Ch. Ct. R. 12(b)(6) was denied because the question of what rights pledgee held in its lien on buyer's new stock was best answered by bankruptcy court.

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Ginsburg v. Phila. Stock Exch., Inc., Civil Action No. 2202-CC, COURT OF CHANCERY OF DELAWARE, SUSSEX, May 30, 2007, Decided
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Overview: Based on investor's discovery rights under Del. Ch. Ct. R. 26(b)(1), investment company defendants could not unilaterally limit their responses to a request for communications by and among those defendants to a certain time period as the discovery record indicated communications relevant to the question of collusion took place prior to that time.

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Jerney v. Valeant Pharms. Int'l, No. 186, 2007, SUPREME COURT OF DELAWARE, May 30, 2007, Decided
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McDonalds v. Fountain, C.A. No. 06A-08-003 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 30, 2007, Decided
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Overview: In an employee's action for additional compensation for medical expenses, a doctor's letter report was properly excluded because the fact that the parties' experts reviewed the report an testified about it did not make the actual report admissible under Del. R. Evid. 703; thus, the report was inadmissible hearsay.

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St. Paul Travelers Prop. Cas. Corp. v. Hoffman, C.A. No. 1341-VCN, COURT OF CHANCERY OF DELAWARE, KENT, May 30, 2007, Decided
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Overview: UM arbitration award in insured's favor was confirmed under Del. Code Ann. tit. 10, ? 5713 as insured failed to raise any of statutorily prescribed grounds under Del. Code Ann. tit. 10, ? 5714(a); the insured's claim that the award did not adequately compensate him failed as the court could not substitute its judgment for that of the arbitrators.

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Xpress Mgmt. v. Hot Wings Int'l, Inc., C.A. No. 2856-VCL, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 30, 2007, Decided
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Overview: Stockholder's petition for a judicial dissolution of a Delaware corporation under Del. Code Ann. tit. 8, ? 273 was stayed because the chancery court exercised its discretion to stay the proceeding pending the outcome of first-filed pending litigation in Canada.

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