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   State Courts - Delaware - June 19, 2006

  
Charbonneau v. State, No. 280, 2006, SUPREME COURT OF DELAWARE, June 19, 2006, Decided
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Coleman v. Pricewaterhouse Coopers, LLC, No. 386, 2005 and 473, 2005, SUPREME COURT OF DELAWARE, June 19, 2006, Decided
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Overview: Trial court's summary judgment ruling for auditing company was affirmed; company owners did not show discovery rulings they challenged involved reversible error; court did not abuse its discretion in not sua sponte setting aside that ruling, and the motion for reargument was not timely filed within Del. Super. Ct. R. Civ. P. 59(e) time limit.

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Hedenberg v. Raber, No. 621, 2005, SUPREME COURT OF DELAWARE, June 19, 2006, Decided
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Sierra Club v. Del. Dep't of Natural Res. & Envtl. Control, Civil Action No. 1724-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, June 19, 2006, Decided
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Overview: A legislative act telling an agency to proceed with dredging, mooting an environmental group's limited administrative success attempting to stop it, did not offend separation of powers because it did not reverse an administrative order, and the legislature could instruct the agency, nor did it breach Del. Const. art. II, § 16's single subject rule.

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Sisson v. State, No. 319, 2005, SUPREME COURT OF DELAWARE, June 19, 2006, Decided
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Overview: Defendant's sexual exploitation of a child convictions were affirmed; there was a sufficient nexus between his residence, computer, and a pornographic image for probable cause for a search warrant. Interpreting Del. Code Ann. tit. 11, § 1108 to criminalize each act of creating a visual depiction rather than each "photo session" was not improper.

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Spiller v. Spiller, C.A. No. 04C-11-138, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 19, 2006, Decided
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Overview: Although a first driver was cited for an improper lane change, based on the first driver's statements that a second driver made a right turn into his vehicle and hit his car's left front fender, there remained a genuine issue of material fact that precluded summary judgment in favor of the second driver.

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Wynnefield Partners Small Cap Value L.P. v. Niagara Corp., Civil Action No. 1261-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 19, 2006, Decided
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Overview: Stockholder's request to inspect a corporation's books and records under Del. Code Ann. tit. 8, § 220 was granted in part as the stockholder credibly showed that the corporation may have violated the reporting requirements of 15 U.S.C.S. § 78l(g), 15 U.S.C.S. § 78o(d), and 17 C.F.R. § 240.10b-17 regarding stock splits conducted by the corporation.

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