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   State Courts - Delaware - August 26, 2008

  
City of Wilmington v. McDermott, C.A. No. 08T-02-057 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 26, 2008, Decided
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Overview: Automatic lien placed on an owner's vacant property pursuant to Del. Code Ann. tit. 25, ? 2901(a)(1)(j) did not affect or limit a city's ability to collect vacant property fees pursuant to 1 Wilm. C. ? 4-27, 125.0(b)(3) (Ordinance No. 03-019) (Del.) through monition under ? 2901(b)(9).

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Clark v. State, No. 585, 2007, SUPREME COURT OF DELAWARE, August 26, 2008, Decided
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Overview: Motion for judgment of acquittal of attempted rape in second degree was properly denied because evidence was sufficient to show that juvenile acted without consent under Del. Code Ann. tit. 11, ? 761(i) when he entered the victim's bedroom uninvited, pushed her against the bed, and got on top of her, although she repeatedly told him to stop.

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Estate of Rae v. Murphy, No. 174, 2007, SUPREME COURT OF DELAWARE, August 26, 2008, Decided
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Overview: Trial court decision granting summary judgment before trial on the punitive damages claim was affirmed because a driver, who was negligent, did not rise to the level of conscious indifference. Evidentiary rulings made by the trial court were not erroneous and verdict entered by the jury for wrongful death was affirmed.

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Flonnory v. State, No. 120, 2008, SUPREME COURT OF DELAWARE, August 26, 2008, Decided
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Overview: Because defendant's claims of error were previously asserted in his direct appeal and because there was no evidence that any action on the part of his counsel resulted in prejudice to him, defendant's Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was properly denied.

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Henkel Corp. v. Innovative Brands Holdings, LLC, C.A. No. 3663-VCN, COURT OF CHANCERY OF DELAWARE, KENT, August 26, 2008, Decided, August 26, 2008, Filed
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Overview: A seller's motion to dismiss a purchaser's counterclaim seeking, inter alia, a declaratory judgment that it was under no obligation to close until all of the closing conditions were satisfied was denied as the issue of when the purchaser had to decide whether to assert or waive its claim that a material adverse effect had occurred remained open.

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Himes v. Liu, C.A. No. 06C-01-294 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 26, 2008, Decided
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Overview: Administratrix's postjudgment motions were denied in medical malpractice case because reasonable jury could have found that administratrix failed to prove that doctor did not supply information regarding patient's treatment, procedure, or surgery to extent customarily given to patients as required by Del. Code Ann. tit. 18, ? 6852(a)(2).

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In re Drumgo, Nos. 310, 2008, 349, 2008 CONSOLIDATED n11 Because these appeals present common questions of fact and law, we hereby consolidate them sua sponte., SUPREME COURT OF DELAWARE, August 26, 2008, Decided
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Overview: Because defendant did not demonstrate that the trial court arbitrarily failed or refused to perform a duty owed to him and never brought his concern to the trial court's attention, and because substitute counsel was appointed, defendant's Del. Const. art. IV, ? 11(6) and Del. Sup. Ct. R. 43 petitions for a writ of mandamus were dismissed as moot.

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Jack J. Morris Assocs. v. Mispillion St. Partners, LLC, C.A. No. 07C-04-023-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, August 26, 2008, Decided
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Overview: Where an LLC's former general manager entered into a contract with a marketing company after the LLC's operating agreement was amended to remove him, summary judgment was inappropriate as to the marketing company's breach of contract claim against the LLC because a factual dispute existed as to his authority to enter into the agreement.

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Onkeo v. State, No. 182, 2008, SUPREME COURT OF DELAWARE, August 26, 2008, Decided
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Overview: Because defendant followed a co-worker into a room, placed his hands on her breasts, and thrust his erect penis against her, the evidence was more than sufficient to support defendant's conviction of third-degree unlawful sexual contact under Del. Code Ann. tit. 11, ? 767.

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Sanders v. Sanders, No. 58, 2008, SUPREME COURT OF DELAWARE, August 26, 2008, Decided
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