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| American Int'l Ins. Co. v. Farm Family Cas. Ins. Co., C.A. No. 98C-06-091,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, December 8, 1999, Date Decided
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Overview: Motions for summary judgment in complaint for declaratory judgment granted where insurance company could not avoid paying on injured party's claim because insured gave alleged driver permission to use truck.
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| Barilla v. Flynn, C.A. No. 97C-05-030,
SUPERIOR COURT OF DELAWARE, KENT, December 8, 1999, Decided
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Overview: Barring exceptional circumstances, a trial judge would not set aside a jury verdict where the evidence did not preponderate so heavily against the jury verdict that a reasonable jury could not have reached the result.
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| Cooper v. State, No. 119, 1999,
SUPREME COURT OF DELAWARE, December 8, 1999, Decided
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Overview: Appellant's challenge to the revocation of his probation was meritless, since he was not entitled to a presumption of innocence, proof beyond a reasonable doubt was not required, and the rules of evidence did not apply.
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| Hassan v. State, CIVIL ACTION NUMBER 99A-04-009-JOH, 99A-04-010-JOH,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, December 8, 1999, Decided
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Overview: Trial judge's transcribed findings were within the meaning of "record" reviewable by certiorari; all of the statutory elements of offensive touching were not satisfied; and lack of express finding constituted error.
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| ITT Hartford Ins. Co. v. State Farm Mut. Auto. Ins. Co., C.A. No. 17178,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, December 8, 1999, Date Decided
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Overview: Plaintiff's summary judgment motion was denied, as arbitrator's lack of clarity regarding whether or not arbitration award included prejudgment interest made it impossible to interpret award. Case was remanded for clarity.
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| O'Malley v. Boris, No. 59, 1999,
SUPREME COURT OF DELAWARE, December 8, 1999, Decided
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Overview: Whether appellees breached fiduciary duty to appellants by failing to make express disclosures regarding switch in sweep account funds was mixed question of fact and law and could not be decided on pleadings.
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| Oakes v. Chrysler Corp., No. 120, 1999,
SUPREME COURT OF DELAWARE, December 8, 1999, Decided
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| Risk Enter. Mgmt. v. National Union Fire Ins. Co., C.A. No. 97C-04-024,
SUPERIOR COURT OF DELAWARE, KENT, December 8, 1999, Decided
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| Spivey v. State, No. 539, 1998,
SUPREME COURT OF DELAWARE, December 8, 1999, Decided
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Overview: Defendant's conviction for assault was affirmed because other crimes evidence satisfied the plain, clear, and conclusive requirement. Failure of police to recover gun was not Brady evidence subject to disclosure.
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