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   State Courts - Delaware - September 13 - September 14, 2005

  
Dove v. Adoptions from the Heart, No. 25, 2005, SUPREME COURT OF DELAWARE, September 13, 2005, Decided
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Hopkins v. Martin, Civil Action No. 1359-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, September 13, 2005, Decided , September 13, 2005, Filed
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Korn v. New Castle County, Civil Action No. 767-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, September 13, 2005, Decided
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Overview: The surplus limitation provisions of Del. Const. art. VIII, ¿ 6(b)-(d) only applied to the State of Delaware, as opposed to its counties, and summary judgment was, therefore, granted to a county with regard to a suit brought by two citizens challenging the county's retention of a revenue surplus from various funds over $ 200 million.

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Morton v. Sky Nails, No. 73, 2005, SUPREME COURT OF DELAWARE, September 13, 2005, Decided
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Overview: During five days after a pedicure client's treatment during which she was unaware she had folliculitis, Del. Code Ann. tit. ¿ 8119 statute of limitations was tolled based upon time of discovery rule, as she was "blamelessly ignorant" and injury was "inherently unknowable." Del. Code Ann. tit. 18, ¿ 6856 did not apply since claim was for negligence.

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Washington v. State, No. 242, 2005, SUPREME COURT OF DELAWARE, September 13, 2005, Decided
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Abd Alwakhad v. Awad Amin, Judgement No. 04J-06-107, Docket # L-21-479, SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 14, 2005, Decided
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Overview: Where note holder sought to enforce Israeli judgment against husband and wife, judgment was not enforceable under Del. Code Ann. tit. 10, ¿ 4804. Judgment did not satisfy due process since documents were written in Hebrew, language not understood by husband and wife, and they did not state if or when husband and wife were obligated to respond.

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FGC Holdings Ltd. v. Teltronics, Inc., Civil Action No. 883-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, September 14, 2005, Decided , September 14, 2005, Filed
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Overview: Harmonizing plain language of corporate charter limiting number of directors and certificate of designations designating one seat for class of preferred shareholders, court held that class was entitled to its director, but that if it failed to exercise that right, common stockholders could elect all five.

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In re Will of Pietlock, C.A. Nos. 552-N and 582-N, COURT OF CHANCERY OF DELAWARE, KENT, September 14, 2005, Decided , September 14, 2005, Filed
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Overview: Brother was allowed to withdraw from his sister's separate civil action involving challenges to their mother's will upon his answering those written discovery requests which were designed to gather from him factual information relating to the pending claims, including the production to the sister of his settlement agreement with his brothers.

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