Delaware, June, 2004, State Case law

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State Courts - Delaware - June 18 - June 21, 2004

Campbell v. State, No. 91,2004, SUPREME COURT OF DELAWARE, June 18, 2004, Decided
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Overview: Defendant was properly sentenced to 15 years' incarceration for his second conviction for possession of cocaine with intent to deliver without proof he was a non-addict, as such proof was not required under the statute his conviction was based on.

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Elam v. State, No. 598, 2003, SUPREME COURT OF DELAWARE, June 18, 2004, Decided
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Green v. Budget Rent A Car Corp., C.A. No. 02C-06-029 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 18, 2004, Decided
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Overview: Although it was incorporated in Delaware, car rental company was not obliged to comply with Delaware's no-fault coverage law as long as it complied with law of state where car in question was registered.

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Rowan v. Toys 'R' Us, Inc., C.A. No. 02C-06-021 JTV, SUPERIOR COURT OF DELAWARE, KENT, June 18, 2004, Decided
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Overview: Summary judgment was not proper in a negligence action as the evidence permitted inferences that a customer's shoes were wet when she stepped into the store and that the store was aware that the floor could be slippery and failed to post a sign.

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Darling v. Sara Lee Corp., C.A. No. 03A-05-002 WLW, SUPERIOR COURT OF DELAWARE, KENT, June 21, 2004, Decided
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Overview: Where there was evidence supporting the Delaware Industrial Accident Board's determination of an employee's earning capacity, for the purpose of awarding disability benefits, the Board's determination was not in error.

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PAMI-LEMB I Inc. v. EMB-NHC, L.L.C., Civil Action No. 259-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 21, 2004, Decided; June 22, 2004, Revised
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Overview: In a specific performance suit, a limited liability company was found to have breached the implied covenant of good faith in various partnership agreements by knowingly presenting waterfall calculations via a counteroffer that were not accurate.

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State v. Jones, Cr. A. No. 0308007792, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 21, 2004, Decided
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Overview: Where defendant's conviction for burglary was inconsistent with the jury's acquittal of defendant on the crime of theft, the inconsistency was explained by jury lenity and defendant's motion for a judgment of acquittal was denied.

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