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State Courts -
Delaware - August 23, 2005
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All Pro Maids, Inc. v. Layton, Civil Action No. 058-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 23, 2005, Decided , August 23, 2005, Filed
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Overview: Although a former employee was responsible for reasonable attorneys' fees and costs incurred by the employer in pursuing its fee application and the employer's efforts to take discovery in aid of execution were directed to collecting its damages for breach of contract, a 30 percent reduction of the attorney time was equitable and reasonable.
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Banther v. State, No. 45, 2004,
SUPREME COURT OF DELAWARE, August 23, 2005, Decided
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Overview: Where a conspiracy and accomplice-liability statute contained an "agreement" element, an earlier conspiracy acquittal precluded the State, as a matter of law under Del. Code Ann. tit. 11, ? 208(2), from arguing that defendant agreed to aid his co-defendant in "planning" a murder in order to establish accomplice liability in a retrial.
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Marvel v. Prison Indus., C.A. No. 05C-03-013 WLW,
SUPERIOR COURT OF DELAWARE, KENT, August 23, 2005, Decided
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Overview: Where an inmate employee's claims in federal court, which were timely brought under the constructive filing doctrine due to his request to proceed in forma pauperis, were dismissed due to lack of subject matter jurisdiction, they were not barred under Del. Code Ann. tit. 10, ? 8118(a) where the claims were brought in state court within one year.
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