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   State Courts - Delaware - June 20, 2002

  
Hamm v. Dvorak, C.A. No. 15675-NC, COURT OF CHANCERY OF DELAWARE, KENT, June 20, 2002, Decided
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Overview: The ex-wife acquired the funds in a fiduciary capacity and acted with reasonable care in her setoff of the ex-husband's obligations; the ex-husband was entitled to receive interest paid on the unencumbered funds.

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In re Massey, C.A. No.: 00M-05-001, SUPERIOR COURT OF DELAWARE, KENT, June 20, 2002, Decided
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Overview: Town's dismissal of officer for various infractions of disciplinary rules was unlawful, as officer did not receive hearing before impartial board of officers prior to her dismissal, as required by statute, and officer had not waived such hearing.

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Legates v. Cannery Vill., C.A. No. 01A-08-004, SUPERIOR COURT OF DELAWARE, SUSSEX, June 20, 2002, Decided
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Overview: Court affirmed unemployment insurance appeal board decision denying unemployment benefits to employee who walked off his job without good cause; employee did not exhaust administrative remedies by reporting any discontent to his employer.

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Roberts v. Vavala, C.A. No. 01-10-0048AP, COURT OF COMMON PLEAS OF DELAWARE, KENT, June 20, 2002, Submitted , June 20, 2002, Decided
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State v. Rebarchak, ID. No. 0109006842, SUPERIOR COURT OF DELAWARE, KENT, June 20, 2002, Decided
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Overview: Defendant's motion for a new trial was denied where an officer's testimony regarding a portable breath test violated the court's order precluding such testimony. Curative instruction given was insufficient to cure any prejudice from the testimony.

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Thomason v. Temp Control, C.A. No. 01A-07-009, SUPERIOR COURT OF DELAWARE, KENT, June 20, 2002, Decided
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Overview: Claimant's application for attorneys' fees was denied. Although the case was remanded, it was not yet apparent that the claimant would prevail, or gain any benefit. There had been no final judgment establishing an increase in the claimant's award.

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Trs. of Arden v. Unity Constr. Co., C.A. No. 15025-NC, COURT OF CHANCERY OF DELAWARE, KENT, June 20, 2002, Decided
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Overview: As company was responsible for supervision of construction project, it was responsible for construction shortcomings identified by expert; thus, company's motion for reargument, on basis that expert's opinion could not be relied upon, was denied.

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W. Ctr. City Neighborhood Ass'n v. W. Ctr. City Neighborhood Planning Advisory Comm., C.A. No. 19557-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 20, 2002, Decided
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Overview: Where the amendment to the bylaws changing the composition of the non-profit's board of directors had to be approved at three consecutive, regular meetings, and the first approval did not occur at a regular meeting, the amendment was invalid.

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