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   State Courts - Delaware - October 11 - October 12, 2005
  
Bristow v. Del. Bd. of Examiners in Optometry, No. 128, 2005, SUPREME COURT OF DELAWARE, October 11, 2005, Decided
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Durnan v. Cahall & Sons, Inc., C. A. No. 04C-03-018 THG, SUPERIOR COURT OF DELAWARE, SUSSEX, October 11, 2005, Decided
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Princeton Ins. Co. v. Vergano, C.A. No. 266-N, 2004., COURT OF CHANCERY OF DELAWARE, NEW CASTLE, October 11, 2005, Decided
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Overview: Testimony sought by malpractice defendants from injured party's former counsel that injured party's post-settlement conduct was inconsistent with injured party's injury claims did not fall under crime-fraud exception to attorney-client privilege under Del. R. Evid. 502(d) where attorney concluded after fact that injured party had been untruthful.

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Boulden v. Turner, C.A. No. 04C-10-031-CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 12, 2005, Decided
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Boulden v. Turner, C.A. No. 04C-10-031-CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 12, 2005, Decided
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Overview: A court granted a police officer's motion to dismiss arrestee's cause of action against him because in arresting arrestee and reporting the allegations to the issuing magistrate, the officer was acting under the guise of Del. Code Ann. tit 10, ? 4011(b)(3); he was therefore immune from suit. Also, Del. Code Ann. tit. 10, ? 4011(b)(c) did not apply.

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Costello v. Volkswagen of Am., C.A. No. 02C-04-165-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 12, 2005, Decided
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Overview: Where a trial court failed to inform the jury of a property owner's duties when it was out of possession of premises that had been leased to another, a new trial was mandated in plaintiffs' slip and fall action, and the trial court requested submission of proposed jury instructions.

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Holden v. State, C.A. No: 05A-05-004 RBY, SUPERIOR COURT OF DELAWARE, KENT, October 12, 2005, Decided
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Overview: Substantial evidence supported agency's decision to place a nurse on Del. Code Ann. tit. 11, ? 8564 Adult Abuse Registry for four years for neglect of a nursing home "full-code" patient in respiratory arrest as provided in Del. Code Ann. tit. 16, ? 1131(9)(a). The nurse failed to call "911" or to perform timely CPR under nursing standards.

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Johnson v. State, No. 212, 2005, SUPREME COURT OF DELAWARE, October 12, 2005, Decided
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Overview: Delaware's highest court lacked jurisdiction over appeal from superior court commissioner's probation revocation and sentencing decision because such decision was not a final order of that court; in fact, commissioner lacked authority under Del. Code Ann. tit. 10, ? 512 to conduct such proceeding at all, making it a denial of due process.

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