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   State Courts - Delaware - May 21 - May 23, 2003

  
Banther v. State, No. 69, 1999, SUPREME COURT OF DELAWARE, May 21, 2003, Decided
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Overview: Constitutional right to an impartial jury was violated in murder case where record supported conclusion that jury forelady purposefully provided untrue information, and had been victim of violent crime, and received extensive mental health treatment.

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In re Wilson, No. 141, 2003, SUPREME COURT OF DELAWARE, May 21, 2003, Decided
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Overview: Defendant was not entitled to writ of mandamus requiring trial court to rule on mandamus petition filed with that court or default judgment motion, as trial court acted on mandamus petition, and default judgment motion would be decided in due course.

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Pravetz v. State Bd. of Med. Practice, C.A. No: 02A-09-014 RSG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 21, 2003, Decided
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Overview: Due process requirements were met in denial of a doctor's license application, as the doctor was afforded a full hearing with evidence, legal arguments, and witnesses. Collateral estoppel, as a result of other states' proceedings, was not applicable.

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Seaford Assocs. Ltd. P'shp v. Subway Real Estate Corp., C.A. No. 2248, COURT OF CHANCERY OF DELAWARE, SUSSEX, May 21, 2003, Decided
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Overview: Where commercial tenant mailed its rent check on first day of month, or first business day thereafter, tenant was in breach of lease provision requiring payment by first day of the month, as payments had to be received by landlord by the first day.

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Singh v. Batta Envtl. Assocs., C.A. No. 19627, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 21, 2003, Decided
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Overview: An employee's argument that a non-competition provision in an employment agreement was not supported by consideration was meritless, as the mutual promises between an employer and employee constituted lawful consideration for an employment contract.

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Abay v. Rockland Place, Civil Action No. 02A-07-004 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 22, 2003, Decided
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Overview: Appeals court reversed industrial board's decision that employee was not totally disabled for period of time after she was returned to light duty work but not given work; board did not mention her physician's statement of total disability.

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Jones v. State, No. 131, 2003, SUPREME COURT OF DELAWARE, May 22, 2003, Decided
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Overview: Defendant's "motion for review of sentence" was governed by time limitations of rule allowing trial court to consider a motion to reduce a sentence and exceeded those limitations without showing extraordinary circumstances.

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Pardee v. Suburban Propane, L.P., C.A. No. 98C-12-206 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 22, 2003, n1 Opinion Issued1 Subsequent to an October 4, 2002 Bench Ruling substantially conforming to this written decision, Plaintiffs in this personal injury case settled with defendant Walt's Pest Control, Inc. and proceeded to trial against remaining defendant Allen's Hatchery, Inc. alone. The jury rendered its verdict on November 14, 2002. Neither party subsequently filed any post-trial motions, nor took an appeal; all claims (including cross-claims) against Suburban Propane, L.P. and Walt's Pest Control, Inc. were thereafter dismissed by agreement. Even though the litigation has now concluded, this Court has thought it advisable to reduce its October 4, 2002 ruling to writing, since the issue appears to be of first impression in this State.
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Overview: Collateral source rule was part of Delaware law and applied to payments Medicaid made in behalf of injured party, and trial court denied defendants' motion to limit evidence about injured party's medical bills to amount injured party owed Medicaid.

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Walton v. Walton, No. 637, 2002, SUPREME COURT OF DELAWARE, May 22, 2003, Decided
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Overview: There was no error in the trial court's finding that the father had not violated a family counseling order, or in awarding the father his attorney's fees based on a finding that the mother's petition for a rule to show cause was unduly litigious.

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MBNA v. Nardo, No. 82, 2003, SUPREME COURT OF DELAWARE, May 23, 2003, Decided
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