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   State Courts - Delaware - July 7, 2006

  
Brandt v. Rokeby Realty Co., C.A. No. 97C-10-132-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, July 7, 2006, Decided
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Overview: When an office tenant claimed that his health had been injured by mold growth in the office ceiling tiles, testimony by the tenant's experts was admissible, as the landlord's problems with it could be cured by cross-examination, presentation of contrary evidence, and instruction. Issues of fact existed as to punitive damages and hypersensitivity.

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Buchanan v. Buchanan, C.A. No. 06C-06-041 ESB, SUPERIOR COURT OF DELAWARE, SUSSEX, July 7, 2006, Decided
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Overview: Because the superior court lacked jurisdiction over a husband's complaint seeking damages for an impairment of contract, fraud, misrepresentation, interference with land use, bad faith, and partition, but jurisdiction lied within the Family Court, said complaint was dismissed.

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In re Atamian, No. 125, 2006, SUPREME COURT OF DELAWARE, July 7, 2006, Decided
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Overview: Plaintiff was not entitled to a writ of mandamus or of prohibition requesting review of a superior court order that denied his motion for an evidentiary hearing and a letter sent by the superior court to the parties as to the posture of the litigation as he had an adequate remedy at law - he could appeal the superior court's final decision.

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Wilson v. Wilson, 04C-03-031 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 7, 2006, Decided
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Overview: In a suit over personal property and the payment to defendant by a company that held a mortgage on plaintiff's mobile home, both parties' motions for summary judgment, filed pursuant to Del. Super. Ct. R. Civ. P. 56(c), were denied because there were clear issues of material fact that could only be resolved by a jury.

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