Delaware, January, 2003, State Case law

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State Courts - Delaware - January 17, 2003

Bd. of Managers of the Del. Crim. Justice Info. Sys. v. Gannett Co., C.A. No. 01C-01-039 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 17, 2003, Decided
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Overview: Motion for reargument was denied because the moving party did not show that the court overlooked a controlling precedent or legal principles, or had misapprehended the law or facts such as would have changed the outcome.

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Boyer v. Poole, No. 389, 2002, SUPREME COURT OF DELAWARE, January 17, 2003, Decided
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Overview: A Delaware trial court properly weighed various statutory factors in determining that a custody modification, with shared placement, sought by the child's father would not be in the child's best interest.

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Neon Oyster v. City of Rehoboth Beach, No. 433, 2002, SUPREME COURT OF DELAWARE, January 17, 2003, Decided
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Reserves Dev. Corp. v. State Psc, C.A. No. 02A-07-001 HDR, SUPERIOR COURT OF DELAWARE, KENT, January 17, 2003, Decided
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Overview: Homebuilder's proposal to drill wells on property being developed and to construct a system for collecting, treating, and delivering water was a water utility, and could not be operated without oversight by the Delaware Public Service Commission.

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Rutledge v. Wood & Chandler, C.A. No. 01C-12-007, SUPERIOR COURT OF DELAWARE, KENT, January 17, 2003, Decided
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Overview: Where two drivers' reckless driving created the situation in which a third driver was injured, the question of whether a further reckless act by one of the two intervened to proximately cause the injury was for a jury.

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St. Paul Fire & Marine Ins. Co. v. Elkay Mfg. Co., C.A. No. 98C-11-262 WCC, C.A. No. 99C-11-144 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 17, 2003, Decided
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Overview: Waiver of subrogation clauses in construction contracts, to the extent of property insurance coverage, was not against public policy and would be enforced, as they evidenced an intent of the parties to allocate construction risks to their insurers.

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Tingle v. State, No. 419, 2002, SUPREME COURT OF DELAWARE, January 17, 2003, Decided
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Overview: The state could amend the indictment, subsequent to the close of its case, to specify the "possession of a firearm during the commission of a felony" counts by assigning each to a corresponding felony. The amendments only clarified the charges.

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