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   State Courts - Delaware - January 11 - January 13, 2006

  
Banks v. J & N Hickman Family, LP, C.A. No. 04C-03-027-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, January 11, 2006, Decided
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Overview: Injured person was awarded his filing fee, service of process fee, and trial request fee as costs. The court also entered awards for costs of expert witnesses and a video charge. The court declined to reduce the award by 50 percent to reflect the injured person's contributory negligence as found by the jury.

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Chabot v. Gemcraft Homes Del., Inc., Civil Action No. 04C-01-020 (THG), SUPERIOR COURT OF DELAWARE, SUSSEX, January 11, 2006, Decided
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Overview: A real estate salesperson who prevailed on her claim against her employer, a real estate company, for commissions which were allegedly not paid to her upon her voluntary termination from employment was awarded attorney's fees pursuant to the Wage Payment and Collection Act, Del. Code Ann. tit. 19, § 1103(c).

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Ocasio v. Allen, No. 439, 2005, SUPREME COURT OF DELAWARE, January 11, 2006, Decided
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Ortiz v. State, No. 415, 2005, SUPREME COURT OF DELAWARE, January 11, 2006, Decided
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Waters v. Statewide Maint., C.A. No. 04A-03-001 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 11, 2006, Decided
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Overview: Claimant's motion for reargument on grounds that remand of a finding that he was not a displaced worker was not supported by substantial evidence was granted as it would be inequitable to remand the case based on a now outdated labor market survey.

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Barker Capital LLC v. Rebus LLC, C.A. No. 04C-10-269 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 12, 2006, Decided
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Overview: Where plaintiff had to move on three occasions to compel proper discovery by defendant, including the production of requested documents, proper responses to interrogatories, and production of a designee under Del. Super. Ct. R. Civ. P. 30(b)(6), plaintiff's motion to compel and for sanctions was granted as to expenses and fees.

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Kelley v. Christiana Care Health Servs., C.A. No: 05A-02-003 (RBY), SUPERIOR COURT OF DELAWARE, KENT, January 12, 2006, Decided
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Overview: Board's denial of additional compensation to claimant and denial of permanent disability rating was supported by substantial evidence as, although Board could give greater weight to treating chiropractor's testimony, it was not bound to do so, and employer's expert's opinion, which Board credited, was not based solely on general recovery opinions.

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Benge v. Oak Grove Motor Court, Inc., C.A. No. 1837-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 13, 2006, Decided
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Overview: Former husband's complaint in the Court of Chancery in Delaware was dismissed for lack of subject matter jurisdiction as he had an adequate remedy at law and was seeking to end run the Delaware General Assembly's grant of jurisdiction over marital property and child support matters to the Family Court under Del. Code Ann. tit. 13, §§ 507 and 1504.

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