Delaware, May, 2003, State Case law

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State Courts - Delaware - May 30, 2003

Cook v. E.I. Dupont De Nemours & Co., C.A. No. 99C-01-023-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2003, Decided
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Overview: Property owner was not liable for injuries driver sustained when he slipped and fell on property owner's property since driver was independent contractor who failed to show property owner exercised active control over manner and method of his work.

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Crosby v. State, No. 8, 2002, SUPREME COURT OF DELAWARE, May 30, 2003, Decided
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Overview: Although trial court correctly determined that life sentence for nonviolent habitual offender amounted to 45 years with good time eligibility, it abused discretion in imposing that sentence on offender whose offenses were relatively minor.

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DeVries v. Wakamatsu, CA No. 00C-03-144-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2003, Decided
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Overview: Plaintiffs failed to meet the burden for obtaining relief from judgment as they did not show that the information in their medical expert's supplemental report could not have been obtained prior to the medical resident's summary judgment hearing.

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Emmons v. Russell, C.A. No. 02A-09-001 JTV, SUPERIOR COURT OF DELAWARE, KENT, May 30, 2003, Decided
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Overview: Where a boat owner changed the location of a fishing expedition due to overcrowded conditions, which rendered that area unsafe, there was no breach of contract with the charterer because the location was not guaranteed.

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In re 244.5 Acres of Land the Vill., L.L.C., C.A. No. 98C-02-021 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 30, 2003, Decided
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Overview: A planned development owner was entitled to attorney's fees where he prevailed in his state law claim regarding the inapplicability of a setback, which met the "substantiality" test to the federal claim that was also asserted but undecided.

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Jones v. State, No. 665, 2002, SUPREME COURT OF DELAWARE, May 30, 2003, Decided
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Overview: Where defendant's motion resulted in vacation and reinstatement of a sentence, he could not complain that the court erred in acting on the motion; defendant did not show that counsel was ineffective and a sufficiency claim had been adjudicated.

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Kindt v. Lund, Civil Action No. 17751-NC, COURT OF CHANCERY OF DELAWARE, SUSSEX, May 30, 2003, Decided
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Overview: Corporation's motion to dismiss the shareholder's derivative action was granted, as corporation's special litigation committee was independent, acted in good faith, conducted a thorough investigation, and had reasonable bases for its conclusions.

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McCane v. State, No. 71, 2003, SUPREME COURT OF DELAWARE, May 30, 2003, Decided
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McDougall v. Air Prods. & Chems., C.A. No. 02A-02-012 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2003, Decided
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Overview: Since claimant's sexual organ served a dual sexual and urinary function, and he experienced a purely sexual loss due to work-related stroke, an award based on 250 weeks rather than a full 300 weeks was a proper and equitable compensation award.

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State v. Campbell, ID # 9912011058, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2003, Decided
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Overview: Defendant's post-conviction motion for relief, alleging ineffective assistance of counsel, was denied where defendant failed to meet his burden of showing that he was prejudiced by counsel's alleged inefficiencies.

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