Delaware, July, 2003, State Case law

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State Courts - Delaware - July 16 - July 18, 2003

Conway v. Astoria Fin. Corp., C.A. No. 19499, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 16, 2003, Decided
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Overview: Settlement of civil claims involving the chairman of the board of trustees of a savings bank was not a final judgment on the merits that was rendered in his favor, and mandatory indemnification of fees and costs associated with suit was not required.

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Drayer v. State, No. 636, 2002, SUPREME COURT OF DELAWARE, July 16, 2003, Decided
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Overview: Where defendant admitted that he had absconded from probation and did not return as instructed, the evidence was sufficient to support a finding of VOP; the probation revocation and sentence were valid.

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Harris v. Mountaire Farms, C.A. No. 03A-01-002, SUPERIOR COURT OF DELAWARE, SUSSEX, July 16, 2003, Decided
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Overview: Where a claimant failed to appear at a Delaware Unemployment Insurance Appeals Board without explanation, resulting in dismissal, judicial review could not be had on the factual merits because she failed to exhaust her administrative remedies.

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Merchantwired, LLC v. Transaction Network Servs., Inc., C.A. No. 02C-08-244-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 16, 2003, Decided
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Overview: Trial court dismissed LLC's claim that another company breached its contract to acquire the LLC because the LLC's complaint failed to allege that it met all conditions required for acquisition, but granted the LLC leave to amend its complaint.

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Benson v. State, No. 46, 2003, SUPREME COURT OF DELAWARE, July 18, 2003, Decided
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Overview: Where defendant did not raise any issues for appellate consideration and the appeal was wholly without merit and devoid of any arguably appealable issue, the judgment of conviction was affirmed.

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Browne v. Thriftway's Manager, No. 191, 2002, SUPREME COURT OF DELAWARE, July 18, 2003, Decided
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Overview: Where a store contracted security to a third party and a customer was arrested for shoplifting as a result of an incident at the store, no reasonable juror could have found the store liable; the motion for a new trial was properly denied.

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City of Wilmington v. AFSCME, Council 81, Local 1102, C.A. No. 19561-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 18, 2003, Decided
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Overview: In city's action against union and employee to vacate arbitration award, trial court, in interests of efficiency and no showing of impartiality, decided not to vacate the award or appoint a new arbitrator to reconsider the effect of one letter.

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Epperson v. State, No. 249, 2003, SUPREME COURT OF DELAWARE, July 18, 2003, Decided
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McNeill v. State, No. 1, 2003, SUPREME COURT OF DELAWARE, July 18, 2003, Decided
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Overview: Where defendant did not raise any issues for appellate consideration and a violation of probation appeal was wholly without merit and devoid of any arguably appealable issue, the judgment of conviction was affirmed.

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Videtto v. State, No. 714, 2002 and 8, 2003 CONSOLIDATED, SUPREME COURT OF DELAWARE, July 18, 2003, Decided
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Overview: Defendant was bound by statements made when he pled guilty that he understood plea and consequences and was satisfied with counsel's representation, and he was properly sentenced as habitual offender when he stipulated to prior convictions' accuracy.

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