Delaware, January, 2003, State Case law

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State Courts - Delaware - January 13 - January 14, 2003

Giles v. Nationwide Ins. Co., Civil Action No. 01C-06-015 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 13, 2003, Decided
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Overview: An insurance company's motion to exclude evidence on an injured party's present and future lost income was denied; the injured party could at least offer some evidence of loss of earnings in the future as a result of his permanent injury.

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Willis v. Plastic Materials, C.A. No. 01A-10-001 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 13, 2003, Decided
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Overview: The Delaware Industrial Accident Board erred in determining an award of attorney fees to an employee; the Board failed to consider all the required factors in determining the award, and this was an abuse of discretion which required reversal.

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Chavin v. PNC Bank, No. 175, 2002, SUPREME COURT OF DELAWARE, January 14, 2003, Decided
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Overview: Grandsons were residuary beneficiaries of trust, as trust was construed to mean that the settlor's only surviving son had to be alive at time of distribution in order to take under trust; since son had been murdered, grandsons could take under trust.

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Dickens v. State, No. 211, 2002, SUPREME COURT OF DELAWARE, January 14, 2003, Decided
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Overview: The police officers' testimony established that there was probable cause for the warrantless arrest. Defendant's conduct as described by several witnesses and the police officers was sufficient to support the arrest for assault and resisting arrest.

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State v. Williams, I.D. No. 0102014259, SUPERIOR COURT OF DELAWARE, KENT, January 14, 2003, Decided
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Overview: On remand for prosecutor's improper comments to jury, trial court denied defendant's motion to reassign prosecutor; attorney general's authority to assign prosecutor was not to be disturbed absent specific and tangible reason.

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