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   State Courts - Delaware - June 1 - June 4, 2001

  
Duncan v. TheraTx, Inc., No. 575, 2000, SUPREME COURT OF DELAWARE, June 1, 2001, Decided
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Overview: Appropriate measure of damages caused by issuer's suspension of shelf registration was difference between highest intermediate price during reasonable time after suspension and average price during reasonable time after restrictions were lifted.

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Thomas v. Robert J. Smith Cos., C.A. No.: 00-10-0066, COURT OF COMMON PLEAS OF DELAWARE, KENT, June 1, 2001, Decided
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Overview: A judgment was entered in favor of a purchaser in a breach of contract action against a real estate company; the purchaser was entitled to the return of a deposit, and the company breached the contract when they refused to return the deposit.

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Wade Insulation, Inc. v. Visnovsky, No. 457, 2000, SUPREME COURT OF DELAWARE, June 1, 2001, Decided
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Overview: Although temporarily disabled, claimant's doctor had never ordered him not to work. Therefore, he was not a displaced worker where he failed to undertake reasonable job search.

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Daniels v. Fontana, C.A. No. 98C-12-009 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 4, 2001, Decided
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Overview: Where there were conflicting accounts of accident, jury was entitled to weigh credibility of parties to determine which version to accept.

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In re Bhc Communs. S'Holder Litig., Consolidated C.A. No. 18209, Consolidated C.A. No. 18218, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 4, 2001, Decided
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Overview: Minority shareholders could not sue directors for approving merger in which corporate parent's shareholders did better than subsidiaries, unless they could prove bad faith; limited discovery was permitted to that end.

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Massey's Used Cars v. Jones, C.A. No. 99C-09-020, SUPERIOR COURT OF DELAWARE, SUSSEX, June 4, 2001, Date of Decision
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Overview: Where seller breached special warranty by purportedly conveying land owned by another, buyer's damages were the difference in value of the land described in deed and land actually conveyed, using values on transfer date, not trial date.

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Shepard v. Reinoehl, C.A. No. 99C-06-030, SUPERIOR COURT OF DELAWARE, KENT, June 4, 2001, Decided
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Overview: The court denied defendants' motion for a protective order and stay of the instant action based on a Pennsylvania order; the Full Faith and Credit Clause did not require the stay, and no events were scheduled that prejudiced any party.

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Wright v. Foraker, Civil Action No. 199-08-168, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, June 4, 2001, Decided
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Overview: Defendants' motion for a directed verdict in purchaser's action arising from a real estate sales contract was granted; purchaser failed to prove elements of fraud, as he knew seller of property had not signed contract.

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