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   State Courts - Delaware - June 13 - June 15, 2006

  
GMC v. Kane, No. 540, 2005, SUPREME COURT OF DELAWARE, June 13, 2006, Decided
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Overview: Trial court properly upheld a board's decision that a worker was a displaced worker, and therefore eligible for continued total disability benefits from an employer, as substantial evidence supported the finding that the employer did not definitively inform the worker that he would never be given a light-duty position in the foreseeable future.

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In re Asbestos Litig. Master Asbestos File, No. 283, 2006, C.A. NO. 77C-ASB-2, C.A. NO. 03C-05-031, C.A. No. 99C-02-277, C.A. NO. 01C-12-136, C.A. No. 98C-06-324, C.A. No. 01C-06-077, C.A. No. 03C-10-278, C.A. No. 04C-01-153, C.A. NO. 03C-11-102, C.A. No. 05C-03-234, C.A. No. 04C-03-053, C.A.No.04C-10-117, C.A. No. 04C-06-256, C.A. No. 04C-03-255, C.A. No. 04C-07-287, C.A. No. 04C-08-268, SUPREME COURT OF DELAWARE, June 13, 2006, Decided
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Johnson v. Taylor, No. 568, 2005, SUPREME COURT OF DELAWARE, June 13, 2006, Decided
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Overview: Court properly summarily dismissed an inmate's petition for a writ of mandamus to compel department of corrections to recalculate good time credits as legally frivolous under Del. Code Ann. tit. 10, §§ 8801(5), 8803(b) as good time credits only applied to accelerate parole eligibility and inmate was not eligible for conditional release.

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Jules-Hall v. Cash Sys., C.A. No. 05A-10-004-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 13, 2006, Decided
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Overview: An unemployment insurance appeals board properly found that an employee was terminated for just cause under Del. Code Ann. tit. 19, § 3314(2); she knew of her employer's policy that credit card use had a $500 a day limit per card, pursuant to the state gambling commission, and she was warned in writing, but she still violated the policy.

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Smith v. State, No. 6, 2006, SUPREME COURT OF DELAWARE, June 13, 2006, Decided
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State v. Harris, I.D. #0305005239, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 13, 2006, Decided
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Overview: Defendant's motion under Del. Super. Ct. R. Crim. P. 61 for postconviction relief was summarily dismissed; as Rule 61(d)(4) provided, he did not provide facts or caselaw to support his contentions, which had already been decided in his direct appeal, and his claims were merely conclusory.

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State v. Broadnax, I.D. #0304012678, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 14, 2006, Decided
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Overview: Because all of a prisoner's assertions of ineffective counsel were conclusory, as the prisoner did not create any factual basis for any of his claims, the Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was summarily dismissed.

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Tedesco v. Harris, C.A. No: 04C-06-037 (RBY), SUPERIOR COURT OF DELAWARE, KENT, June 15, 2006, Decided
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Overview: Pedestrian's suit against a property management company to recover for injuries she sustained when she slipped on paint drops on sidewalk was dismissed on summary judgment because pedestrian was unable to establish that management company knew of paint drops on the sidewalk and also could not establish that paint drops created dangerous condition.

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Windom v. Ungerer, No. 590, 2005, SUPREME COURT OF DELAWARE, June 15, 2006, Decided
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Overview: Summary judgment was properly granted to the first of two insurance agents, as he satisfied his duty as a messenger between the insured and the second agent, informing the former that he could not provide them with coverage. But, an issue remained as to whether the second agent acted reasonably in informing the insured of a declination of coverage.

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