Delaware, January, 2006, State Case law

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State Courts - Delaware - January 31, 2006

Adams v. State, No. 388, 2005, SUPREME COURT OF DELAWARE, January 31, 2006, Decided
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At&T Wireless Servs. v. Fed. Ins. Co., C.A. No. 03C-12-232 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2006, Decided
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Overview: Where a primary insurer's policy clearly excluded coverage for reimbursement of a settlement that arose in prior litigation which resulted from a merger of two corporations, the excess insurers had no liability for reimbursement of the settlement; accordingly, motions to dismiss under Del. Super. Ct. R. Civ. P. 12(B)(6) were granted.

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Darling v. Sara Lee Corp., No. 490, 2005, SUPREME COURT OF DELAWARE, January 31, 2006, Decided
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Friends of Old Dover, Inc. v. City of Dover Planning Comm'n, C.A. No. 05A-07-001 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 31, 2006, Decided
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Overview: As neither evidence of bad faith on the part of a planning commission or two LLCs nor mootness created an exception to the American Rule in awarding attorney's fees, but res judicata barred a preservationists group's second petition for the aforementioned fees and litigation expenses, said petition was denied.

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Hackett v. State, No. 633, 2005, SUPREME COURT OF DELAWARE, January 31, 2006, Decided
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Overview: Where failure to file timely notice of appeal under Del. Sup. Ct. R. 6 was allegedly due to his attorney's failure to communicate with him, defendant's default was not attributable to court personnel and appellate jurisdiction was absent.

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Heesh v. State, No. 571, 2005, SUPREME COURT OF DELAWARE, January 31, 2006, Decided
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Jackson v. Capano Inv., LLC, C.A. No. 03C-09-015-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2006, Decided
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Overview: Summary judgment was granted to a landscaping company and a materials company, dismissing a pedestrian's suit to recover for injuries he sustained when he tripped and fell on a recently landscaped strip of ground because the pedestrian had presented no evidence that defendants were to blame, and the case was not a res ipsa loquitur case.

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Kennedy v. Invacare Corp., C.A. No. 04C-06-028-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, January 31, 2006, Decided
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Overview: A Del. Super. Ct. R. Civ. P. 59(e) motion for reargument was not intended to rehash the arguments already decided by the court. Where the court fully considered the argument made by a manufacturer in its initial decision on the manufacturer's motion for summary judgment, the manufacturer's motion for reargument was also denied.

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Kuhn v. Christiana Care Health Servs., C. A. No. 05C-11-092-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2006, Decided
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Lewis v. Carroll, No. 368, 2005, SUPREME COURT OF DELAWARE, January 31, 2006, Decided
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