Delaware, July, 2006, State Case law

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State Courts - Delaware - July 5 - July 6, 2006

Abraham v. Emerson Radio Corp., C.A. No. 1845-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 5, 2006, Decided , July 5, 2006, Filed
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Overview: Controlling stockholder and chief executive officer's motion to dismiss was granted as complaint seeking to equitably re-distribute stockholder's premium received from sale of subsidiary failed to state claim since controlling stockholder could sell its stock for premium not shared with other stockholders except in very narrow circumstances.

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Giulianelli v. Zogby, Civil Action No. 05C-05-023 THG, SUPERIOR COURT OF DELAWARE, SUSSEX, July 5, 2006, Decided
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Overview: Plaintiff could not recover costs for a doctor's video deposition taken prior to an offer of judgment made by defendant because, although Del. Super. Ct. R. Civ. P. 68 did not trump Del. Super. Ct. R. Civ. P. 54(d), 10 Del. C. ? 5102 did not allow recovery of costs as defendant resided in New Castle County and the suit was filed in Sussex County.

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Estate of Watts v. Blue Hen Insulation, No. 430, 2005, SUPREME COURT OF DELAWARE, July 6, 2006, Decided
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Overview: Because Del. Code Ann. tit. 19, ? 2332 provided that an injured worker's estate was entitled to permanent injury benefits upon his death, and because the surviving spouse was entitled to 400 weeks of death benefits, even if she did not survive that long, their estates could pursue their right to the benefits under Del. Code Ann. tit. 10, ? 3707.

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Goodlett v. State, No. 121, 2006, SUPREME COURT OF DELAWARE, July 6, 2006, Decided
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Overview: Although defendant's burglary sentence contained no post-imprisonment supervision, his other sentences fulfilled the intent of the six-month transition period mandated by Del. Code Ann. tit. 11, ? 4204(1); because there was no basis for relief pursuant to Del. Super. Ct. Crim. R. 35(a), defendant's Del. Sup. Ct. R. 26(c) appeal lacked merit.

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Harrison v. State, No. 107, 2006, SUPREME COURT OF DELAWARE, July 6, 2006, Decided
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Highland Select Equity Fund, L.P. v. Motient Corp., C.A. No. 2092-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 6, 2006, Decided
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Overview: A chancery court denied a substantial stockholder's demand for access to corporate books and records pursuant to Del. Code Ann. tit. 8, ? 220 where the request was overly broad and the stated purposes of investigating suspected mismanagement and engaging in a proxy contest were not supported by the evidence.

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McClements v. Smyrna Sch. Dist., No. 228, 2006, SUPREME COURT OF DELAWARE, July 6, 2006, Decided
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Owens v. State, ID #: 0407026223, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 6, 2006, Decided
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Overview: Because defendant refused to return a victim's money, he acted with criminal intent, and because defendant signed a waiver of trial by jury form on the day of trial, the State proved defendant's criminal intent and he was not denied a trial by jury.

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Ross v. State, No. 589, 2005, SUPREME COURT OF DELAWARE, July 6, 2006, Decided
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Overview: Because defendant did not appeal the dismissal of his petition for habeas corpus, any alleged error by the Department of Correction in implementing a superior court's order was not reviewable by the state supreme court on appeal from the superior court's sentencing order; thus, pursuant to Del. Sup. Ct. R. 26(c), defendant's appeal lacked merit.

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