Delaware, November, 2005, State Case law

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State Courts - Delaware - November 1 - November 3, 2005

Adams v. F. Schumacher & Co., No. 272, 2005, SUPREME COURT OF DELAWARE, November 1, 2005, Decided
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Overview: Medical association guides were just guides and not required to be used. However, the Industrial Accident Board (Delaware) found that the opinion of a physician who did not use the guides was not supported by sufficient information to allow it to assess the reasonableness of his opinion that the claimant suffered 10 percent brain impairment.

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Gibbs v. State, No. 299, 2005, SUPREME COURT OF DELAWARE, November 1, 2005, Decided
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Overview: Under Del. Code Ann. tit. 10, ? 6902(1), a writ of habeas corpus was not available to any person who was committed or detained on a felony charge if the species of the charge was plainly and fully set forth in the commitment. The prisoner was being lawfully held on felony charges in default of bail so he was not entitled to habeas corpus relief.

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In re McCann, No. 385, 2005, SUPREME COURT OF DELAWARE, November 1, 2005, Decided
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Overview: Attorney was disbarred as he knowingly violated the terms of his prior suspension by failing to turn all of his files over to an active member of the bar, by failing to notify all parties of his suspension, and by paying himself attorney's fees from estates during his suspension. That misconduct caused potential injury to the estate beneficiaries.

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Miller v. Seewald Woodworks, Inc., C.A. No. 04C-02-026 JTV, SUPERIOR COURT OF DELAWARE, KENT, November 1, 2005, Decided
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Overview: Because a seller did not design or designate the specifications for a window and was not asked for advice as to how a window should be installed, the "sealed container defense" in Del. Code Ann. tit. 18, ? 7001(b) was a complete defense to an employee's personal injury claims, despite the fact that allegedly gave advice on adjusting the window.

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State v. Harmon, I.D. # 84000200DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 1, 2005, Decided
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Lundeen v. PriceWaterhouseCoopers, LLC, No. 474, 2005, SUPREME COURT OF DELAWARE, November 2, 2005, Decided
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Torrence v. State, No. 555, 2004, SUPREME COURT OF DELAWARE, November 2, 2005, Decided
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Overview: Because there was evidence that defendant was involved in the planning and commission of a robbery and knew that a gun was being used in furtherance thereof, the evidence was sufficient to convict defendant, inter alia, of felony murder under an accomplice theory.

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Ferguson v. Conley's Methodist Church, Inc., C.A. No. 03C-06-024-ESB, SUPERIOR COURT OF DELAWARE, SUSSEX, November 3, 2005, Decided
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Overview: An injured party and her spouse were entitled to new trial where jury found in favor of property owner in personal injury case. Finding that owner was not negligent was unreasonable and manifestly in disregard of evidence, as there was no evidence that owner attempted to inspect its property and to take reasonable steps to make it safe.

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Mehiel v. Solo Cup Co., Civil Action No. 1596-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, November 3, 2005, Decided
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Overview: Where merger agreement provided for separate arbitration proceedings before neutral auditor and before arbitrator, acquiring company was entitled to argue claims before arbitrator despite fact that auditor found claims to be procedurally barred. Auditor's decision was not final, and merger agreement did not bar proceeding before arbitrator.

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Thompson v. Dover Downs, Inc., No. 40, 2005, SUPREME COURT OF DELAWARE, November 3, 2005, Decided
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Overview: Because it was undisputed that a casino's security personnel were entitled to, and did ask, a handicapped patron what tasks his support dog was trained to do, and that the patron refused to answer, the Superior Court properly determined that denying the patron access with his dog to the casino was not discriminatory under Delaware law.

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