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   State Courts - Delaware - November 30, 1999

  
Bythway v. Super Fresh Food Mkts., CIVIL ACTION NO. 97A-04-004, SUPERIOR COURT OF DELAWARE, SUSSEX, November 30, 1999, Date of Decision
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Overview: A workers' compensation claimant was awarded statutory attorney fees after an appellate court found legal error in proceedings before an industrial accident board, even though the appellate court classified the error as harmless.

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CONFAB, Inc. v. Drake, C.A. No. 1998-03-277, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, November 30, 1999, Decided
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Overview: Welder subcontractor awarded judgment against defendant for welder's hourly charge for repair of truck which had been brought to welder by defendant truck repair firm for repairs which defendant repair firm could not perform for truck owner.

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Clark v. Quaker City Ins. Co., CIVIL ACTION NUMBER 97C-04-090-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 30, 1999, Decided
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Overview: In action seeking declaratory judgment, insurance company was required to provide insured coverage for automobile accident where notice of withdrawal buried in unsolicited mailing was not proper notice of non-renewal.

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Div. of Family Servs. v. J.K., File No.: CN98-07955, Petition No.: 99-02251, FAMILY COURT OF DELAWARE, NEW CASTLE, November 30, 1999, Decided; Nunc Pro Tunc November 15, 1999
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Overview: Division of family services did not have to undertake reasonable efforts before commencing termination proceedings against mother.

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Electra Inv. Trust PLC v. Crews, Civil Action No. 17186, COURT OF CHANCERY OF DELAWARE, SUSSEX, November 30, 1999, Decided
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Overview: A stay of discovery pending the resolution of motions to dismiss was denied where defendants had failed to brief their motions to dismiss in a timely manner.

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Industrial Accident Bd. Second Injury & Contingency Fund v. Photo Color, C.A. No. 97A-01-018-WCC, C.A. No. 97A-06-014-WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 30, 1999, Decided
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Overview: Appellant state agency representing Industrial Accident Board reimbursement fund had no statutory right or authority to appeal board decisions, so its appeals awarding appellees reimbursement were dismissed.

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O'Daly v. Polymuse, Inc., No. 245, 1999, SUPREME COURT OF DELAWARE, November 30, 1999, Decided
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Overview: Although defendant reprehensibly failed to comply with a summons to appear in answer to a motion for default judgment against him, the trial court could not deny his motion to reopen when it failed to comply with its rules.

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Shabazz v. State, No. 527, 1998, SUPREME COURT OF DELAWARE, November 30, 1999, Decided
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Overview: Comment made by defendant's lawyer at a prior criminal hearing regarding the suit defendant wore was insufficient to disqualify the lawyer for a conflict of interest so that defendant could withdraw his guilty plea.

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Steelman v. State, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, November 30, 1999, Decided
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Overview: State's motion to affirm probation violation decision was denied, based on defendant's explanation and State's apparently minimal attempts to verify it, court found summary disposition unwarranted.

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Stockwell v. Chrylser Corp., C.A. No. 98A-02-026 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 30, 1999, Decided
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Overview: Administrative board's denial of compensation for subsequent surgery was upheld; board applied proper proximate cause standard and evidence was sufficient to find the subsequent surgery was unrelated to original injury.

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