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   State Courts - Delaware - January 31, 2005

  
Alstom Power v. Duke, Case No. 04C-02-275 CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2005, Decided
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Overview: Forum selection clauses in subcontracts operated as a foreign limited partnership's consent to personal jurisdiction in Delaware on a subcontractor's breach of contract complaint. Consent to jurisdiction permitted service through the Long-Arm Statute, Del. Code Ann. tit. 6, ¿ 17-911(a). The partnership's motion to dismiss the complaint was denied.

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Biddle v. Kraft Foods, Inc., C.A. No. 04A-04-003, SUPERIOR COURT OF DELAWARE, KENT, January 31, 2005, Decided
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Overview: Workers' compensation claimant was awarded total disability benefits at basic hourly wage, not double-time rate he was earning at time of injury; double-time pay did not create second money rate but was way to provide extra pay for part of shift.

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Clark v. Corporate Interiors, No. 471, 2004, SUPREME COURT OF DELAWARE, January 31, 2005, Decided
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Jackson v. State, No. 482, 2004, SUPREME COURT OF DELAWARE, January 31, 2005, Decided
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Lagola v. Thomas, No. 566, 2003, SUPREME COURT OF DELAWARE, January 31, 2005, Decided
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Overview: Police officer who did not witness automobile accident was not qualified to give lay opinion evidence as to primary contributing cause of accident; Delaware trial courts were cautioned to be cautious in questioning experts in jurors' presence.

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Parke v. Sunrise Assisted Living, Inc., C.A. No. 04A-03-004 FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2005, Decided
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Overview: Termination of benefits was supported by substantial evidence where medical expert testified that employee had no objective findings seven months after an accident, required no more treatment, and was capable of working without restrictions.

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Savor, Inc. v. FMR Corp., No. 399, 2004, SUPREME COURT OF DELAWARE, January 31, 2005, Decided
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Walls v. State, No. 302, 2004, SUPREME COURT OF DELAWARE, January 31, 2005, Decided
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Overview: Judgment that sentenced defendant after violation of probation was affirmed; state supreme court's review of record showed defense counsel properly found no appellate issue existed and state supreme court's own review also confirmed that finding.

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WindsorTech, Inc. v. Loppert, No. 375, 2004, SUPREME COURT OF DELAWARE, January 31, 2005, Decided
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