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   State Courts - Delaware - May 19 - May 22, 2006

  
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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Brennan v. Brennan, No. 32, 2006, SUPREME COURT OF DELAWARE, May 19, 2006, Decided
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Overview: Case was remanded to the family court because the family court abused its discretion in failing to apply the Donohue test to the wife's motion claiming that the failure to file a Financial Report on time was an inadvertent oversight under Del. Fam. Ct. R. Civ. P. 60(b)(1) and 6(b).

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Cooper v. State, No. 438,2005, SUPREME COURT OF DELAWARE, May 19, 2006, Decided
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Overview: Denial of postconviction motion that claimed ineffective assistance of counsel was proper because defense counsel did not cause defendant to plead guilty. Defendant was bound by representations that guilty plea was knowing and voluntary and that he was satisfied with counsel's performance. Guilty plea provided defendant with clear benefit.

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DaimlerChrysler v. West, C.A. No. 05A-08-006 MJB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 19, 2006, Decided
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Overview: Substantial evidence supported industrial accident board's decision that a disability had recurred, and claimant had a right to stay out of work. Under Gilliard-Belfast rule, she could rely on her doctors' advice not to work; that one doctor thought in retrospect that she could have worked with restrictions did not make her reliance unreasonable.

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Mortgage Elec. Registration Sys. v. Haase, C.A. No. 05L-06-113 ESB, SUPERIOR COURT OF DELAWARE, SUSSEX, May 19, 2006, Decided
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Overview: Writ served upon mortgagor substantially complied with service of process requirements as writ complied with Del. Super. Ct. R. Civ. P. Form 1(p) and contained all language necessary for scire facias sur mortgage action. Writ did not contain language indicating that assignee was taking action against mortgagor individually.

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Adams v. Kourouma, No. 509, 2005, SUPREME COURT OF DELAWARE, May 22, 2006, Decided
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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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Lillis v. AT&T Corp., C.A. No. 717-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 22, 2006, Decided
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Overview: Corporate directors had a right to judgment on the pleadings under Del. Ch. Ct. R. 12(c) on a claim for legal fees spent enforcing their stock option rights; options' value was reduced, contract's intent was to protect directors following a merger, indemnification clause was unambiguous, and such a contract provision had to be broadly interpreted.

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