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   State Courts - Delaware - August 3, 2004

  
BAE Sys. N. Am. Inc. v. Lockheed Martin Corp., C.A. No. 20456, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 3, 2004, Decided
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Overview: Where one defense contractor bought another contractor's division, paid a judgment entered against the division, and then sued for reimbursement, partial judgment on the pleadings as to disputed interpretation of parties' sale agreement was denied.

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Dieterich v. Harrer, C.A. No. 024-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 3, 2004, Decided
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Overview: Stockholder's count against former directors of acquired corporation alleging lack of entire fairness in connection with acquisition was not dismissed; it was not derivative but stated direct claim on behalf of class who cashed out shares in merger.

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Evans v. State, No. 323, 2003, SUPREME COURT OF DELAWARE, August 3, 2004, Decided
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Overview: Statements made one, three, and 10 days after shooting were properly excluded because time that elapsed since shooting negated requirement "excited utterance" be made while declarant was under stress of excitement caused by event or condition.

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In re Nat'l Auto Credit, Inc. - S'holders Litig., C.A. No. 19028-NC; Consolidated, COURT OF CHANCERY OF DELAWARE, KENT, August 3, 2004, Decided , August 3, 2004, Filed
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Overview: Defendants' motion to dismiss a derivative action in Delaware because of a settlement reached in a New York proceeding was denied because New York order was not final where settlement would not go into effect until dismissal of the Delaware action.

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Ward v. Hennessy, No. 585, 2003, SUPREME COURT OF DELAWARE, August 3, 2004, Decided
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Overview: Trial court did not err by dismissing prisoner's mandamus suit to require department of correction (DOC) to remove records of his discipline for having computer disks; DOC did not have duty to expunge and prisoner had lawsuit pending.

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Ward v. State, No. 48, 2004, SUPREME COURT OF DELAWARE, August 3, 2004, Decided
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Overview: The trial court did not err in denying habeas corpus relief to defendant because such relief was not available in the absence of any evidence that the trial court lacked jurisdiction to charge him with and try him for robbery and assault.

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