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Family Court Public Access Bill Headed to State Senate
free article
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A bill that would create a task force to review the possibility of opening Delaware’s Family Court hearings to the public was approved by the General Assembly’s Senate Judiciary Committee and will head to the floor of the Senate for debate in March.
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Markell Proposes Smaller Budget for State Judiciary 
By Jeff Mordock
Delaware Law Weekly
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Gov. Jack Markell proposed a $90.2 million general fund operating budget for the Delaware judiciary in fiscal year 2013, remaining nearly the same as the judiciary’s fiscal year 2012 operating budget of $91.3 million. The slightly smaller budget leaves little room to fill vacant positions.
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| This Week's Digests |
U.S. DISTRICT COURT OF DELAWARE
CIVIL PRACTICE
Microsoft Corp. v. Geotag, Inc.
Venue • Motion to Transfer • Relevant Factors • Plaintiff's Choice • Convenience
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Defendant failed to demonstrate that the balance of convenience tipped significantly enough in its favor to warrant transfer of this action from Delaware to Texas, where other related cases were pending. Defendant's motion to transfer denied.
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U.S. DISTRICT COURT OF DELAWARE
EMPLOYMENT
Ward v. MBNA American
Termination • Discrimination Claims • Time-barred • Continuing Violation Theory
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The court denied defendant's motion to dismiss plaintiff's discrimination claims as time-barred since plaintiff's complaint alleged sufficient facts to establish a continuing violation theory. Defendant's motion to dismiss denied.
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U.S. DISTRICT COURT OF DELAWARE
INTELLECTUAL PROPERTY
McKesson Automation, Inc. v. Swisslog Italia S.P.A.
Patents • Infringement • Expert Witness • Claim Construction • Alleged Inconsistency
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The court denied plaintiff's motions for judgment as a matter law or a new trial, as it rejected plaintiff's contention that defendants' expert had offered testimony that was inconsistent with the court's patent claim construction. Motion for JMOL or new trial denied.
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U.S. DISTRICT COURT OF DELAWARE
INTELLECTUAL PROPERTY
In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation
Patents • Infringement Claim • Pharmaceutical • Attorney Fees • Exceptional Case
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Plaintiffs' decision to maintain this suit in order to "police" against any possible reformulations, even after stipulating to the fact that defendant's product did not infringe the patents in suit, warranted a finding that this case was exceptional and defendant was entitled to attorney fess. Motion for attorney fees granted.
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U.S. BANKRUPTCY COURT OF DELAWARE
BANKRUPTCY
In re Sierra Concrete Design, Inc.
Preference Claims • Exceptions • Ordinary Course of Business • Subsequent New Value
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The evidence was insufficient for defendant creditors to establish that certain preferential payments made to them were made in the ordinary course of business. Defendants' motion for summary judgment granted in part and denied in part.
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DELAWARE COURT OF CHANCERY
BUSINESS LAW
Danenberg v. Fitracks, Inc.
Indemnification • Merger Agreement • Pre-merger Representations • Advancements
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Since the claims asserted against the petitioner in the underlying action arose out of representations he made in his capacity as chief executive officer of the corporation he formed, petitioner was entitled to advancements. Petitioner's motion for summary judgment granted.
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DELAWARE COURT OF CHANCERY
BUSINESS LAW
Great-West Investors LP v. Thomas H. Lee Partners, L.P.
Limited Partnerships • Fee Income Agreement • Good Faith Requirement • Issue of Fact
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While plaintiff was entitled to a declaration that an "Expense Assumption" in the parties' agreement could not increase until defendant negotiated in good faith, the issue of whether defendant negotiated in good faith was still an open question. Motion for partial summary judgment granted in part and denied in part.
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DELAWARE COURT OF CHANCERY
CONSTITUTIONAL LAW
W.L. Gore & Assoc., Inc. v. Long
Self-Incrimination • Fifth Amendment Rights • Waiver • Friendly Cross-Examination
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Since defendant's testimony on cross-examination did extend into certain subjects he refused to address on direct, defendant's invocation of his privilege against self-incrimination required the court to disregard his testimony as to those subjects. Motion to disregard granted in part.
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