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   State Courts - Delaware - May 3, 2000

  
Biggins v. Department of Correction, C.A. No. 00M-02-016, SUPERIOR COURT OF DELAWARE, SUSSEX, May 3, 2000, Date Decided
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Overview: Claims of prisoner proceeding in forma pauperis for writ of mandamus were subject to dismissal before service of process if court determined they were either legally or factually frivolous or malicious.

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Brainy v. Healy, C.A. No. 99A-08-012 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 3, 2000, Decided
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Overview: Briefing by parties was needed to decide if substantial evidence showed employee's right side injuries were work-related, allowing total disability benefits, despite symptoms absence until months after she quit work.

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Dietz Enters. v. Stoltz Mgmt. of State, C.A. No. 99C-03-178 (WCC), SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 3, 2000, Decided
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Overview: Summary judgment on claim for punitive damages in action for breach of landlord-tenant agreement granted where punitive damages were not available in breach of contract action unless action arose in "bad faith" insurance context.

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Gannett Co. v. Kanaga, No. 352, 1998, SUPREME COURT OF DELAWARE, May 3, 2000, Decided
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Overview: The jury's determination of liability for libel was sustainable factually and consistent with the law of the case, but the damages award was based on expert testimony that lacked admissible foundation.

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Mermaid Run Condo. Ass'n v. Suddard, C.A. No. 1999-03-309, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, May 3, 2000, Decided
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Overview: Condominium manager was awarded judgment in case against owner of condominium for dues assessed against the owner.

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Skeen v. Jo-Ann Stores, Inc., No. 448, 1999, SUPREME COURT OF DELAWARE, May 3, 2000, Decided
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Overview: Dismissal of breach of fiduciary duty claim for failure to state a claim was affirmed. Minority stockholders failed to allege facts indicating that omitted information relating to merger was material to appraisal decision.

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State v. Moffitt, C.A. No. 99A-11-001, SUPERIOR COURT OF DELAWARE, KENT, May 3, 2000, Decided
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Overview: Dismissal on basis of laches of State's case against defendant topless bar for code violations was reversed, as record lacked sufficient evidence to validate laches defense and warrant dismissal based on resulting prejudice.

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Steele v. Steele, No. 409, 1999, SUPREME COURT OF DELAWARE, May 3, 2000, Decided
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