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   State Courts - Delaware - July 18, 2006

  
LaPoint v. Amerisourcebergen Corp., Civil Action No. 327-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 18, 2006, Decided , July 18, 2006, Filed
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Overview: A purchasing corporation's motion for a protective order to preclude former shareholders of a sold corporation from conducting ex parte interviews of several managerial employees was denied where only key non-privileged facts were sought; such did not violate Del. Law. R. Prof. Conduct 4.2.

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Meloney v. Nanticoke Gastroenterology, P.A., C.A. No. 06C-05-006 THG, SUPERIOR COURT OF DELAWARE, SUSSEX, July 18, 2006, Decided
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Patterson v. State Farm Mut. Auto. Ins. Co., C.A. No. 04C-10-079 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 18, 2006, Decided
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Overview: Where there was testimony that the surgery was not performed within the two-year window provided by Del. Code Ann. tit. 21, § 2118(a)(2)(h) because the insurer's denial of coverage rendered the surgery impossible or impractical until the window had closed, the insurer was not entitled to summary judgment in the no-fault benefits case.

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State v. Banther, ID. No. 9705000270, SUPERIOR COURT OF DELAWARE, KENT, July 18, 2006, Decided
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Overview: Where murder conviction was reversed and where reviewing court, on grounds of collateral estoppel, curtailed State's ability, upon retrial, to show that defendant and codefendant worked together to kill victim or that defendant aided in planning murder, dismissal was not warranted. Defendant did not show that State's proposed theory was untenable.

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Wilhelm v. Ryan, No. 175, 2005, SUPREME COURT OF DELAWARE, July 18, 2006, Decided
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Overview: Denial of claimant's motion in limine to exclude alleged tortfeasor's testimony about her criminal conviction and remorse involving auto accident stemming from her operation of vehicle under the influence of alcohol was not error; alleged tortfeasor's conviction and remorse were relevant to issue of punitive damages to be awarded.

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