Delaware, August, 2003, State Case law

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State Courts - Delaware - August 14 - August 15, 2003

Clements v. Diamond State Port Corp., No. 51, 2003, SUPREME COURT OF DELAWARE, August 14, 2003, Decided
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Overview: Workers' compensation claimant could rely on his treating physician's total disability opinion and was not obligated to return to work or to seek other employment until the Delaware Industrial Accident Board determined he was not totally disabled.

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In re Trust of Marta, C.A. No. 20210-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 14, 2003, Decided
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Overview: As the co-trustees could not agree on whether to distribute Subchapter S corporate stock in trusts, the trial court ordered the distribution due to the impending loss of Subchapter S status if the distribution was not made by the end of the month.

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Jones v. State, No. 38, 2003, SUPREME COURT OF DELAWARE, August 14, 2003, Decided
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Barnett v. Braxton, C.A. No. 01C-02-183 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 15, 2003, Decided
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Overview: Trial court allowed individual and business that successfully defended personal injury action to recover costs they incurred to hire expert witness who testified at trial, but denied individual and business's motion for reimbursement of other costs.

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Flax v. State, C.A. No: 02A-11-002 RSG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 15, 2003, Decided
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Overview: Worker's compensation claimant was not prima facie displaced worker and failed to meet burden to show reasonable, albeit unsuccessful, job search. Claimant's doctor would have considered returning him to sedentary duty had he seen job description.

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In re Cysive, Inc., S'holder Litig., CONSOLIDATED C.A. No. 20341, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 15, 2003, Decided
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Overview: Where chairman, who was company's largest shareholder, agreed to purchase all other outstanding shares, Lynch doctrine applied, as merger between controlling stockholder and controlled corporation was subject to an entire fairness standard of review.

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Kopicko v. Del. Dep't of Servs. for Children, C.A. No. 02A-10-004 HDR, SUPERIOR COURT OF DELAWARE, KENT, August 15, 2003, Decided
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Overview: Decision of Delaware Merit Employee Relations Board was affirmed, as there was presumption of honesty and integrity of deputy attorney general and Board that was not overcome by mere allegations of possible bias and possible conflicts of interest.

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State v. Anderson, I.D. # 0108020880, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 15, 2003, Decided
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Overview: The fact that defendant's trial counsel filed a motion to withdraw on appeal before he raised any of defendant's complained-of issues did not amount to actionable error entitling defendant to postconviction relief.

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State v. Ellison, I.D. # 9908021746, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 15, 2003, Decided
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Overview: Defendant's motion for postconviction relief was denied because her claims of prosecutorial misconduct were conclusory and unsubstantiated, and she did not receive ineffective assistance of counsel at trial.

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