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   State Courts - Delaware - August 4, 2004

  
In re Brodoway, No. 259, 2004, SUPREME COURT OF DELAWARE, August 4, 2004, Decided
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Mell v. New Castle County, C.A. No. 03M-06-030 (JRS), SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 4, 2004, Decided
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Overview: Mandamus relief was available to enforce settlement agreement that provided for release of government information, except for grand jury information, the release of which would have violated the law.

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Mitchell v. Haldar, C.A. No. 03C-03-100-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 4, 2004, Decided
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Overview: Conscience of the court was not shocked by jury award to the patient of less than his claimed medical expenses; evidence of relationship between physician's conduct and certain injuries was relatively weak, and patient's expert was not very credible.

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Patterson v. Super Dog Pet Food Co., C.A. No. 03A-04-009 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 4, 2004, Decided
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Overview: The lower court properly made a well-supported factual determination that the owner of a dog training school was responsible for payment of an invoice to the dog pet food company where there was no documentation regarding the sale of the school.

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Sides v. Wiercinski, C.A. No. 04C-05-043 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 4, 2004, Decided
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Overview: After review of the affidavit of merit and accompanying curriculum vitae of plaintiff's expert witness in a healthcare negligence claim, the court found the affidavit of merit complied with Del. Code Ann. tit. 18, § 6853(a)(1) and (c). It was signed by the expert witness, who was licensed to practice medicine as of the date of the affidavit.

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State v. Carter, I.D. No. 0309011756, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 4, 2004, Decided
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Overview: Defendant's various drug possession and related convictions were upheld on appeal where the State proved more than defendant's presence in a room because defendant was in the bedroom alone, marijuana smoke was emanating therefrom, and his identification card and personal papers were found in the room as well.

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