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State Courts -
Delaware - August 25 - August 26, 2005
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MBNA Am. Bank, N.A. v. Brooks, C.A.No. 04A-12-005 FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 25, 2005, Decided
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Overview: Employee was properly granted additional compensation for his pre-existing neck injury, which was aggravated by his slip and fall during the course of his employment, given testimony and clinical findings from his neurosurgeon, the employee's subjective complaints, his treating physician's reports, and objective studies.
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State v. Munden, CRIMINAL ACTION NUMBERS, N-03-08-3051 & N-03-08-3052, ID NO. 0306020725,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 25, 2005, Decided
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Overview: Dismissal of DUI charge against defendant was reversed as Del. Code Ann. tit. 21, § 4177(h) did not apply to intoxilyzer cases, State Chemist was not involved in chain of custody, and State Chemist was not necessary witness; defendant's request was based on Del. Code Ann. tit. 10, 4332, which did not apply to alcohol-based DUI proceedings.
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Albert v. Alex. Brown Mgmt. Servs., C.A. No. 762-N, C.A. No. 763-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 26, 2005, Decided , August 26, 2005, Filed
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Overview: Although certain claims were insufficiently pled, investors in limited partnership adequately stated contract and negligence claims arising out of alleged mismanagement of investment funds; derivative claims, which required allegations of demand for action under Del. Code Ann. tit. 6, § 17-1001, could be repled, and jurisdiction was proper.
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Lillis v. AT&T Corp., C.A. No. 717-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 26, 2005, Decided , August 26, 2005, Filed
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Overview: Where a telecommunications company initially admitted many of the allegations in the complaint but it sought leave to amend the answer to deny these allegations, leave was conditionally granted under Del. Ch. Ct. R. 15(a). It was best for the case to be resolved on the merits, not on disavowed admissions.
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