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   State Courts - Delaware - November 14 - November 15, 2005

  
Commonwealth Constr. Co. v. Cornerstone Fellowship Baptist Church, Inc., C.A. No. 04L-10-101 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 14, 2005, Decided
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Overview: Because a church did not show that its late demand for a jury trial under Del. Super. Ct. R. Civ. P. 38 was the product of inadvertence, that the issues were better suited to be heard by a jury, or that the contractor would not be prejudiced, the court declined to exercise its discretion under Del. Super. Ct. R. Civ. P. 39(b) to allow a jury trial.

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Gallaher v. USAA Cas. Ins. Co., C.A. No. 04C-01-048-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 14, 2005, Decided
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Overview: An insured was granted summary judgment against his insurer in his claim for personal injury protection benefits because he was entitled to collect benefits under the plain language of his insurance policy as his claim fell within the general definition of a covered accident, and did not come within any contractual exclusions.

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Hedenberg v. Raber, C.A. NO. 05C-03-038 (JTV), SUPERIOR COURT OF DELAWARE, KENT, November 14, 2005, Decided
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Overview: Complaint was dismissed where, while its title listed negligence, the body of the complaint did not contain a negligence count and negligence was not particularly pled. Further, the complaint's allegation of "violation of contract privity" was not a valid action, and the circumstances surrounding fraud allegations were not specifically pled.

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W.L. Gore & Assocs. v. Shen Wu, Civil Action No. 263-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 14, 2005, Decided , November 14, 2005, Filed
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Overview: Employee's motion pursuant to Del. Ch. Ct. R. 59(f) to reargue the court's grant of a temporary restraining order preventing the employee from competing with a former employer was denied, as the court found that it did not misapprehend the facts, and that a noncompetition agreement prevented the worker from working with certain polymers.

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Wilmington Sav. Fund Soc'y, FSB v. Chilibilly's Inc., No. 304, 2005, SUPREME COURT OF DELAWARE, November 14, 2005, Decided
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Newcastle Ptnrs., L.P. v. Vesta Ins. Group, Inc., C.A. No. 1485-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 15, 2005, Decided
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Overview: A trial court denied a corporation's motion pursuant to Del. Ch. Ct. R. 60(b) for relief from a prior order, requiring it to hold its annual meeting for the election of directors within 90 days pursuant to Del. Code Ann. tit. 8, ¿ 211(c), as there was no conflict with requirements under the SEC proxy rules and there was no cause for further delay.

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State v. Hackett, I.D. # 0110001893, SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 15, 2005, Decided
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Overview: Defendant's four postconviction relief petitions alleging ineffective guilty plea counsel were timely filed but dismissed. Defendant voluntarily and knowingly accepted package deal guilty plea requiring both him and his brother to plead guilty to robbery and use of deadly weapon when evidence was strong and brother would not name other participant.

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