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   State Courts - Delaware - July 29, 2004

  
Brooks-McCollum v. Emerald Ridge Serv. Corp., Civil Action No. 147-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 29, 2004, Decided
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Overview: Court denied a corporate director's motion to compel indemnification, more accurately classified as a request for advancement, because she was not defending a suit, she was plaintiff, and she had not delivered an undertaking to repay any advancement.

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Fort v. Kosmerl, No. 139, 2004, SUPREME COURT OF DELAWARE, July 29, 2004, Decided
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Hollinger Inc. v. Hollinger Int'l, Inc., C.A. No. 543-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 29, 2004, Decided , July 29, 2004, Filed
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Overview: Shareholders did not have a statutory right to vote on corporation's sale of group of publications; under two-pronged "all or substantially all" test, unsold publication components, quantitatively, left corporation viable, substantial, and ongoing.

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Hollinger, Inc. v. Hollinger Int'l, Inc., No. 331, 2004, SUPREME COURT OF DELAWARE, July 29, 2004, Submitted , July 29, 2004, Decided
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Johnson v. Performance Staffing, C. A. No. 04A-01-002-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2004, Decided
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McIntosh v. Liberty Mut. Ins. Co., No. 123, 2004, SUPREME COURT OF DELAWARE, July 29, 2004, Decided
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Morra v. Unemployment Ins. Appeal Bd., C.A. No. 03A-11-004 RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, July 29, 2004, Decided
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Overview: Where a claimant failed to file a timely appeal to the Unemployment Insurance Appeals Board, as required by Del. Code Ann. tit. 19, § 3318(c), and failed to present any evidence of a Department of Labor error or severe circumstance that would grant the Board jurisdiction sua sponte, her appeal was properly dismissed as untimely.

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Sayers v. State, No. 157, 2004, SUPREME COURT OF DELAWARE, July 29, 2004, Decided
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State v. Graham, Def. I.D. No. 0208012184, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2004, Decided
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Overview: The State met its burden of authenticating the knife that defendant allegedly used to threaten the victims where it was identified by the victims, who personally saw defendant with the knife, and also by a police officer, who retrieved the knife.

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U.S. States Bank Nat'l Ass'n v. U.S. Timberlands Klamath Falls, C.A. No. 112-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 29, 2004, Decided
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Overview: An indenture trustee had only such powers as the indenture granted him and lacked standing to bring suit against defendants as to alleged fiduciary breaches for the failure to have given notice to cure to defendants prior to initiating suit.

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