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   State Courts - Delaware - April 20 - April 24, 2000

  
Earl D. Smith v. Carter, C.A. No. 97L-06-016 - WLW, C.A. No. 98L-09-009 - JTV, SUPERIOR COURT OF DELAWARE, KENT, April 20, 2000, Decided , April 20, 2000, Filed
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Overview: Defendants' motion to consolidate two civil cases against them was denied, as the only common question of law or fact was not central to either case.

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Kovach v. Brandywine Innkeepers, C.A. No. 98C-01-232 JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 20, 2000, Decided
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Overview: Lessee owed plaintiff a duty of care to provide her, as a business invitee, with safe ingress and egress. Lessor owed plaintiff no duty of care where it had no control over the property.

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McMillan v. Intercargo Corp., Civil Action No. 16963, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 20, 2000, Date Decided
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Overview: Stockholders failed to file complaint with well-pleaded allegations that directors breached duty of loyalty by engaging in intentional bad faith, or self-interested conduct not immunized by charter's exculpatory provision.

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Procek v. Hudak, C.A. No. 15276, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 20, 2000, Decided
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Overview: Where elderly couple gave money to daughter to buy house so they could live near her and she could take care of them, and title was placed in daughter's name, mother's testimony overcame presumption that house was a gift.

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Wright v. American Home Prods. Corp., CIVIL ACTION NUMBER 99C-04-361-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 20, 2000, Decided
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Overview: In products liability case, method of serving process satisfied requirements of state long-arm statute and international treaty on service of process. Exercise of personal jurisdiction was constitutional. Forum non conveniens dismissal denied.

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In re Carver Bancorp, Inc., C.A. No. 17743-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 24, 2000, Decided
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Overview: As soon as authority of person presenting proxies was questioned, Delaware's presumption of validity of proxies valid on their face disappeared; court's primary concern was to protect integrity of corporate elections.

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In re Davis, No. 97C-07-175-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 24, 2000, Decided
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In re Ferguson, C.A. No. 99C-07-109 WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 24, 2000, Decided
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Overview: Presence of non-board of trustees administrative personnel at a special meeting did not waive the college's privilege against disclosure; because the entire minutes of the meeting might be privileged, the court ordered an in camera inspection.

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