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   State Courts - Delaware - September 15 - September 18, 2000

  
Ash v. McCall, Civil Action No. 17132, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, September 15, 2000, Date Decided
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Overview: Due care, waste, and oversight claims raised in derivative suit were dismissed for failure to make pre-suit demand. Second oversight claim was dismissed because plaintiff shareholders of merged company lost standing to assert pre-merger claim.

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Lapinski v. Bd. of Educ., No. 520, 1999, SUPREME COURT OF DELAWARE, September 15, 2000, Decided
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Locey v. Hood, No. 002, 2000, SUPREME COURT OF DELAWARE, September 15, 2000, Decided
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Overview: Court reversed summary judgment in automobile negligence claim. Weight to be given to testimony by persons who viewed accident, when disputed, could be assessed only after determination of credibility by trier of fact.

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Purnell v. State, No. 20, 2000, SUPREME COURT OF DELAWARE, September 15, 2000, Decided
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Overview: Motion to withdraw required court to analyze whether counsel conducted a sufficient review to determine whether appeal had merit, and an independent review as to whether defendant raised appealable issues.

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Summers v. State, No. 563, 1999, SUPREME COURT OF DELAWARE, September 15, 2000, Decided
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In re Campbell, No. 247, 2000, SUPREME COURT OF DELAWARE, September 18, 2000, Decided
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Overview: Where attorney intentionally diverted firm and client funds for his own personal use to satisfy a gambling compulsion, and he voluntarily reported his own misconduct, six month plus one day suspension was appropriate.

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USA Cable v. World Wrestling Fed'n. Entertainment, Inc., No. 327, 2000, SUPREME COURT OF DELAWARE, September 18, 2000, Decided
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Overview: Television network failed to effectively exercise its right of first refusal in its contract with entertainment company because it did not exactly match choice of law/forum and cross-promotion provisions in third party's proposal.

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Wayman Fire Protection, Inc. v. Juliano, C.A. No. 99A-10-012 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 18, 2000, Decided
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Overview: Board decision finding total disability was affirmed, despite employer's statute of limitations challenge. Two-year statute of limitations was applicable and employee's petition was timely filed.

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