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State Courts -
Delaware - November 23, 2005
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Dweck v. Nassar, C.A. No. 1353-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 23, 2005, Decided , November 23, 2005, Filed
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Overview: Court dismissed a minority shareholders' claims related to breach of a stockholder agreement because it was a voting trust under Del. Code Ann. tit. 8, ? 218, as it altered how shares were voted, and because it was unenforceable since it was not executed. Thus, the shareholder was not entitled to Del. Code Ann. tit. 8, ? 226 custodial relief.
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Fleming v. Jackson, No. 228, 2005,
SUPREME COURT OF DELAWARE, November 23, 2005, Decided
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Overview: Denial of motion to dismiss a personal injury action was proper, as Del. Super. Ct. R. Civ. P. 6(a) extended the two-year limitations period of Del. Code Ann. tit. 10, ??8119 for filing suit where the last day to file the suit was on a Saturday, and that Monday was a legal holiday; accordingly, the suit was timely filed on Tuesday.
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Orloff v. Shulman, C.A. No. 852-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 23, 2005, Decided , November 23, 2005, Filed
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Overview: Though two derivative action claims were barred by res judicata and, therefore, dismissed under Del. Ch. Ct. R. 12(b)(6) as having been already litigated in a separate action, the minority shareholders' remaining claims asserting breaches of the directors' fiduciary duties and waste were found viable.
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Rapoport v. Litig. Trust of MDIP, Inc., Civil Action No. 1035-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 23, 2005, Decided , November 23, 2005, Filed
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Overview: A Delaware court accepted jurisdiction of a declaratory judgment action brought by a bankrupt corporation's directors against a trust and refused to dismiss the suit in favor of an Ohio case filed by the trust as the cases were deemed contemporaneously filed and forum non conveniens factors weighed in favor of Delaware.
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State v. Gregory, ID No. 9811012362,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 23, 2005, Decided
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Overview: Defendant's postconviction relief motion was received by prothonotary's office four days after Del. Super. Ct. R. Crim. P. 61(i)(4)'s three-year limit so all claims, except meritless ineffective counsel claim, were procedurally barred. Barred claims involved grand jury proceedings, incorrect characterization of evidence, and Brady violations.
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