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   State Courts - Delaware - August 3, 2007

  
Brandt v. Rokeby Realty Co., C.A. No. 97C-10-132-RFS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 3, 2007, Decided
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Overview: Trial court denied landlord's motion to exclude evidence of tenant complaints about air quality at office complex where tenants leased space; whether tenants shared same air as other tenants was disputed, claim of poor air quality was adequately supported, and probative value of evidence was not substantially outweighed by unfair prejudice dangers.

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Brandt v. Rokeby Realty Co., C.A. No. 97C-10-132-RFS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 3, 2007, Decided
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Overview: In a negligence case, the court denied defendant's motion under Del. Super. Ct. R. Civ. P. 42 to bifurcate plaintiffs' punitive damages claim. Bifurcation would not be conducive to expedition and economy, as the facts were interwoven and an already lengthy trial should not be prolonged, and negligence actions were not to be routinely bifurcated.

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Brandt v. Rokeby Realty Co., C.A. No. 97C-10-132-RFS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 3, 2007, Decided
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Brandt v. Rokeby Realty Co., C.A. No. 97C-10-132-RFS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 3, 2007, Decided
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Brandt v. Rokeby Realty Co., C.A. No. 97C-10-132-RFS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 3, 2007, Decided
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Overview: Realty company's motion in limine to exclude expert testimony on lost earnings in a personal injury action was denied; the company was late in alleging Daubert issues, so the court would not consider them, and in any event, the use of a five-year earnings average as a base for the calculated $2,928,717.00 lost earnings was reasonable.

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Brandt v. Rokeby Realty Co., C.A. No. 97C-10-132-RFS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 3, 2007, Decided
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Overview: Evidence about husband's alleged affairs would not be excluded under Del. R. Evid. 403 as likely to cause undue prejudice; the effect of the affairs was relevant to husband's depression and mental anxiety claims, and the effect the affairs might have had on marital relationship was an issue for the jury to decide on wife's loss of consortium claim.

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CBOT Holdings, Inc. v. Chi. Bd. Options Exch., C.A. No. 2369-VCN, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 3, 2007, Decided
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Overview: A request for a temporary restraining order under Del. Ch. Ct. R. 65 to enjoin implementation or enforcement of an interim access rule adopted by a non-stock exchange corporation (NSEC) was denied where irreparable hardship was not shown, as any alleged injuries were capable of being redressed monetarily.

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CBOT Holdings, Inc. v. Chi. Bd. Options Exch., Inc., C.A. No. 2369-VCN, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 3, 2007, Decided
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Overview: Trial court ordered action filed by the corporation, board of trade, and full board members for injunctive and declaratory relief be stayed to allow SEC to consider non-stock corporation's rule filing; SEC's decision might end certain member rights and, thus, its jurisdiction over member matters and judicial economy dictated letting it rule first.

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City of Wilmington Zoning Bd. of Adjustment v. Brown, No. 371, 2007, SUPREME COURT OF DELAWARE, August 3, 2007, Decided
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Folks v. State, No. 223, 2007, SUPREME COURT OF DELAWARE, August 3, 2007, Decided
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