Delaware, January, 2007, State Case law

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State Courts - Delaware - January 8, 2007

Vargas v. Gamino, No. 297, 2006, SUPREME COURT OF DELAWARE, January 8, 2007, Decided
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Overview: Because a family court listed each statutory factor and considered the relevant corresponding testimony in determining the children's best interest in a custody dispute, the trial court properly balanced the factors set forth in Del. Code Ann. tit. 13, ? 722, and its decision was supported by the record.

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Walt v. Del. Home & Hosp. for the Chronically Ill, C.A. No: 05A-12-001 RBY, SUPERIOR COURT OF DELAWARE, KENT, January 8, 2007, Decided
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Overview: Industrial Accident Board properly determined the duration of an award of total disability benefits to a nursing assistant, as the board properly considered the determination of the assistant's doctor as to the date on which she could return to work, and the Board was not required to conduct an analysis under the displaced worker doctrine.

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Wyo. Concrete Indus. v. Hickory Commons, LLC, C.A. No. 06L-07-031-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, January 8, 2007, Decided
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Overview: As a concrete supplier's materials and labor supplied to a development for "curbing and sidewalk" consisted of improvements made to the land alone, for which there was no written contract, and there was no "paving" appurtenant to an existing structure, there could be no mechanic's lien under Del. Code Ann. tit. 25, ?? 2702(b) and 2703.

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