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   State Courts - Delaware - June 13 - June 15, 2000

  
In re Benge, No. 529, 1999, SUPREME COURT OF DELAWARE, June 13, 2000, Decided
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Overview: Court imposed one-year suspension from law practice because, while on probation for prior ethical violations, attorney had committed professional misconduct by failing to effectively represent a creditor in bankruptcy proceedings.

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In re Unocal Exploration Corp. Shareholders Litig., C.A. No. 12453, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 13, 2000, Decided
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Overview: Six percent owners of subsidiary short-form merged into parent failed in securities law claims. Parent/subsidiary had provided them with all information necessary for them to decide whether to exercise their exclusive statutory appraisal remedy.

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Ocasio v. Carver's Lawn & Landscape & Uiab, Civil Action No. 99A-11-011 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 13, 2000, Decided
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Overview: The claims discussed before Unemployment Insurance Appeal Board were not the same as those before the referee. Also, the leading questions by board member's gave the appearance of partiality; thus, its decision was reversed.

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Playtex Prods., Inc. v. Lewis, C.A. No. 00A-02-002, SUPERIOR COURT OF DELAWARE, KENT, June 13, 2000, Decided
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State v. Tremel, Case No.: 9909014680, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, June 13, 2000, Decided
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Overview: Defendant was guilty of the lesser included offense of careless driving where the State had not proven the necessary elements of willful and wanton conduct beyond a reasonable doubt as required for finding of reckless driving.

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Williams v. Green, No. 419, 1999, SUPREME COURT OF DELAWARE, June 13, 2000, Decided
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Overview: Inconsistency existed between court's bench ruling disallowing husband's mileage fees and final order giving credit for the fees in a marital estate division, thereby requiring remand for determination about inconsistency.

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Eva M. M. v. Dain C. M., Case No. CN98-09390, Petition No. 98-25715, FAMILY COURT OF DELAWARE, NEW CASTLE, June 14, 2000, Decided
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Overview: Father failed to show how including his annual bonus as income for child support was either inequitable to him, provided unjust windfall to mother, or why children could not share in benefits.

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Schuster v. DeRocili, C.A. No. 99C-02-004, SUPERIOR COURT OF DELAWARE, KENT, June 15, 2000, Decided
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Overview: Delaware sexual harassment actions were normally restricted to statutory procedures; action for breach of good faith and fair dealing covenant was very limited; employer statements at time of termination were privileged.

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Smith v. State, No. 52, 2000, SUPREME COURT OF DELAWARE, June 15, 2000, Decided
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State v. Stanley, Cr. A. No. IN96-05-0966R1, Cr. A. No. 97-06-0563R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 15, 2000, Decided
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Overview: Defendant's sentence was not illegal, as he was not sentenced for both his felony conviction and for being a habitual criminal. Defendant's felony sentence was only based upon his being a habitual criminal.

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