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State Courts -
Delaware - May 19 - May 22, 2006
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Abili v. Gemcraft Homes Del., Inc., CIVIL ACTION NUMBER 05C-12-011-JOH,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 19, 2006, Decided
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Overview: When claims by real estate buyers against a seller were the same as those that had previously been dismissed for lack of prosecution under Del. Super. Ct. R. Civ. P. 41(e), they could not stand. Even if there was a defect in the earlier dismissal, it would make it only voidable, and its validity could not be impeached in a collateral proceeding.
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Carlson v. Hallinan, Civil Action Nos. 19808 and 19466,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 22, 2006, Decided , May 22, 2006, Filed
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Overview: Fiduciaries had to pay for an accounting; they breached their fiduciary duties to a corporation and did not deal properly with corporate funds. As fiduciaries and corporate president could not work together, corporation, not fiduciaries, had to pay for a receivership. Ten days to pay judgment was proper in view of Del. Super. Ct. R. Civ. P. 62(a).
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Del. Bay Surgical Servs., P.A. v. Swier, No. 370, 2005,
SUPREME COURT OF DELAWARE, May 22, 2006, Decided
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Overview: In a suit based on early termination of an employment contract, an employee was properly ordered to pay liquidated damages for his early termination, but the employer was not liable under the Wage Payment and Collection Act, Del. Code Ann. tit. 19, ? 1103(b), as it was reasonable for it to calculate a net payment based on the liquidated damages.
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