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State Courts -
Delaware - June 6 - June 7, 2006
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Broughton v. State, No. 525, 2005,
SUPREME COURT OF DELAWARE, June 6, 2006, Decided
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Overview: A trial court's summary denial of an inmate's motion for postconviction relief pursuant to Del. Super. Ct. R. Crim. P. 61 was proper, as the issues were procedurally barred because they were either previously adjudicated on appeal, should have been raised earlier, were not cognizable under Rule 61, or lacked merit.
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Eureka VIII, LLC v. Niagara Falls Holdings, LLC, C.A. No. 1203-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 6, 2006, Decided
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Overview: Where a holder of 50 percent of a limited liability company (LLC) committed material breaches of the LLC agreement which would have resulted in a new de facto member, a trial court fashioned a remedy under ? 18-702(b)(3) of the Delaware LLC Act, such that the holder relinquished its membership rights and only retained its economic rights.
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Williams v. White Oak Builders, Inc., Civil Action No. 17556,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 6, 2006, Decided , June 6, 2006, Filed
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Overview: A homeowner's claim for specific performance of a covenant to fix a water problem in the basement of her townhouse failed. As an award of damages for the cost of the necessary work would afford full relief, the availability of such a remedy at law deprived the court of the power to order specific performance.
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Millsboro Fire Co. v. Constr. Mgmt. Serv., C.A. No. 05C-06-137 MMJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 7, 2006, Decided
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Overview: Trial court found that the first design professional, second design professional, and second subcontractor were entitled to summary judgment, as Economic Loss Doctrine barred recovery from them in tort for losses, such as in the present case, that were unaccompanied by bodily harm or property damage, and none of them had been unjustly enriched.
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Minn. Invco of RSA # 7, Inc. v. Midwest Wireless Holdings, LLC, C.A. No. 1887-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 7, 2006, Decided
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Overview: In a dispute arising from the sale of an LLC's parent company, because the terms of a 1999 restructuring agreement governed, the LLC's minority interest holders did not have a right of first refusal in connection with the disputed transaction, and the parent company could assert its "drag along" rights to complete the transaction.
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