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   State Courts - Delaware - May 8 - May 10, 2000

  
Anderson v. Anderson, No. 554, 1999, SUPREME COURT OF DELAWARE, May 8, 2000, Decided
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Anderson v. State, No. 353, 1999, SUPREME COURT OF DELAWARE, May 8, 2000, Decided
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Overview: Dismissal of defendant's second motion for postconviction relief was affirmed because it was time-barred and procedurally barred as repetitive, because he had failed to raise his claim of ineffective assistance of counsel in his first motion.

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Cantor v. Cantor Fitzgerald, L.P., No. 162, 2000, SUPREME COURT OF DELAWARE, May 8, 2000, Decided
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Overview: Since the decision of the chancery court, that defendants had breached a contractually-imposed fiduciary duty of loyalty, was interlocutory, defendant's appeal had to be dismissed.

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Delaware State Univ. v. Delaware State Univ. Chapter of the Am. Ass'n of Univ. Professors, Civil Action No. 1389-K, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 9, 2000, Decided; May 16, 2000, Corrected
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Overview: The public employee relations board erred by failing to apply the standard under which deference to contractual dispute resolution provisions was appropriate even when such provisions addressed statutorily protected rights.

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Schmalhofer v. Board of Adjustment of Newark, C.A. No. 99A-05-010-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 9, 2000, Decided
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Overview: A verbatim transcript of a municipal agency decision denying a variance for home improvement was sufficient for written requirement. Appellant needed proof of exceptional practical difficulties because additions exceeded the size limit.

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USH Ventures v. Global Telesystems Group, Inc., C.A. No. 97C-08-086-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 9, 2000, Decided
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Overview: The court found that any breach by defendants would not have resulted in damages, as plaintiffs failed to offer expert testimony to prove that they could have obtained the financing necessary to fulfill the contract's terms.

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Anonymous v. State, Civil Action No. 17453, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 10, 2000, Decided; June 1, 2000, Corrected
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Overview: Trial court was required to dismiss plaintiff's claim for lack of a justiciable controversy, where the plaintiff failed to establish that there was any threat of prosecution.

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Brown v. Houston Ventures, C.A. No. 2046-S, COURT OF CHANCERY OF DELAWARE, KENT, May 10, 2000, Submitted , May 10, 2000, Decided
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Overview: Plaintiffs could not get preliminary mandatory injunctive relief to have a fence removed because questions of fact remained concerning their right to use the property in question.

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Crawley v. State, No. 478, 1999, SUPREME COURT OF DELAWARE, May 10, 2000, Decided
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Sears Roebuck & Co. v. Marcozzi, Civil Action No. 1999-06-045, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, May 10, 2000, Decided
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Overview: Customer was responsible for daughter's use of credit card where she was given power of attorney, court found he was aware of use of card, and customer's testimony at trial was not credible because it was inconsistent with deposition testimony.

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