Delaware, August, 2004, State Case law

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State Courts - Delaware - August 6 - August 9, 2004

Cirka v. Nat'l Union Fire Ins., C.A. No. 20250-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 6, 2004, Decided
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Overview: Summary judgment required insurer to defend and indemnify directors and officers in creditors' committee action derived from corporation's bankruptcy trustee's authorization; policy's "insured versus insured" clause did not exclude coverage.

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Disney v. Walt Disney Co., C.A. No. 234-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 6, 2004, Decided
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Overview: Stockholder's motion to lift confidentiality designation on certain documents was denied because stockholder could not use information received for the proper purpose of investigating wrongdoing to publish the corporation's proprietary information.

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Honeywell Int'l, Inc. v. Air Prods. & Chems., Inc., C.A. No. 20434, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 6, 2004, Date Decided
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Overview: Supplier breached its obligations to a manufacturer by failing to buy all of its requirements for sales within the contract's scope from the manufacturer; the scope was defined by the parties' actual performance, rather than contractual terms.

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In re Automodular Assemblies v. PNC Bank, C.A. No. 19352, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 6, 2004, Decided
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Overview: The bank's motion for summary judgment was granted because the corporation failed to meet the debt service coverage ratio on March 31, 2000, regardless of whether the startup costs were capitalized or expensed.

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In re Estate of Bickling, C.A. NO. 20002, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 6, 2004, Date Decided
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Overview: Court upheld validity of mother's will and home deed designating husband (not grown sons) as beneficiary and survivor owner; she was not proven to be of unsound mind or under undue influence. Court credited testimony of attorney who prepared will.

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Lazard Debt Recovery GP, LLC v. Weinstock, C.A. No. 19503, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 6, 2004, Decided
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Overview: Sophisticated investment banker failed to state claims against former fund managers for breach of contract and fiduciary duty and for fraud where they had merely left without notice to work for a competitor, acts not precluded by their contracts.

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Perry v. Merillo, C.A.No. 03C-08-033 WLW, SUPERIOR COURT OF DELAWARE, KENT, August 6, 2004, Decided
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Overview: A trial court denied summary judgment to a car title holder where factual disputes existed as to whether the fact that title to the car was not transferred to its purchaser prior to an accident caused ownership to remain with the title holder.

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All Pro Maids, Inc. v. Layton, Civil Action No. 058-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 9, 2004, Decided
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Overview: Where, upon her hiring, an employee signed an employment agreement that included a covenant not to compete, the agreement was a valid contract because it was supported by consideration, her employment. She was liable for damages when she breached it.

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Biggins v. Dep't of Corr., C.A. No. 00M-02-016 (Sussex County Case) and C.A. No. 00M-12-011 (Kent County Case) (Consolidated Cases), SUPERIOR COURT OF DELAWARE, SUSSEX, August 09, 2004, Decided
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Overview: A motion to set aside a judgment filed over two years after a court's order dismissing an inmate's mandamus petition was untimely, was frivolous, and was denied.

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Scott v. Ritterson, C.A. No. 02C-J0-049 WLW, SUPERIOR COURT OF DELAWARE, KENT, August 9, 2004, Decided
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Overview: A plaintiff's motion in limine was denied where the evidence sought excluded with regard to his alcohol consumption sometime prior to a car accident was relevant and any prejudice was outweighed by the jury's need for all the information.

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