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   State Courts - Delaware - June 8 - June 13, 2001

  
BCE Emergis Corp. v. Prison Health Servs., C.A. No. 18826-NC, COURT OF CHANCERY OF DELAWARE, KENT, June 8, 2001, Decided
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Overview: Where complaint sought injunctive relief and complaint's allegations supported inference that wrongful use of proprietary information was likely to continue and money damages would not be adequate, motion to dismiss complaint was denied.

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Mountaire Farms, Inc. v. Pitts, C.A. No. 01A-04-003, SUPERIOR COURT OF DELAWARE, KENT, June 8, 2001, Decided
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Overview: An employer's motion to stay a judgment against it in an employee's action alleging late payment of workers' compensation benefits was denied; the employer failed to show a likelihood of success on appeal, or a likelihood of irreparable harm.

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State v. Ada, I. D. 0009019194, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 8, 2001, Decided
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Overview: Defendant's motion to suppress evidence obtained from warranted search of apartment was granted. Facts set forth in probable cause affidavit were insufficient, given that police observed no illegal or suspicious activity at apartment.

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Thomas R. Bryant Corp. v. E.I. dupont de Nemours & Co., C.A. No. 1999-11-012, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, June 8, 2001, Decided
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Overview: The headhunter's breach of contract action was time-barred; the suit was filed more than three years after the employee, whom the headhunter allegedly referred to the corporation for a fee, was hired for the position.

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Colpo v. State, C.A. No. 00A-09-010 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 11, 2001, Decided
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Overview: Denial of continuing benefits and award for permanent impairment by hearing officer was not erroneous when the decision was based on substantial evidence before the board.

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Jones v. Unemployment Ins. Appeals Bd., Civil Action No. 00A-08-001, SUPERIOR COURT OF DELAWARE, SUSSEX, June 11, 2001, Decided
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Overview: Decision to deny unemployment benefit request was affirmed where claimant was self-employed and did not fit definition of unemployed person. Thus, claimant was not entitled to receive unemployment compensation benefits.

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Telxon Corp. v. Meyerson, C.A. No. 13139, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 11, 2001, Decided
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Overview: Because a corporation refused to dismiss a portion of its claims with prejudice so that the corporation could then pursue its other claims on appeal, the corporation's motion for appellate review of a motion for summary judgment was improper.

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Brown v. Liberty Mut. Ins. Co., No. 115, 2000, SUPREME COURT OF DELAWARE, June 13, 2001, Decided
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Overview: Bad faith claim against a health insurer failed where only evidence that the insurer knew that the physician required pre-authorization for treatments was a notation in medical records with few indicia of reliability.

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Crowhorn v. Nationwide Mut. Ins. Co., C.A. No. 00C-06-010 WLW, SUPERIOR COURT OF DELAWARE, KENT, June 13, 2001, Decided
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Overview: The court denied an insured's motion to reargue the court's decision granting an insurance company's motion to strike, because the complaint paragraphs in question were not relevant to the issue of the alleged bad faith breach of contract.

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Diamond State Port Auth. v. Morrow, C.A. No. 00A-09-003 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 13, 2001, Decided
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Overview: Employer did not meet its burden of proving that employee was terminated for just cause where employee was terminated after fighting with another employee but facts showed that employee hit other employee in self-defense.

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