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   State Courts - Delaware - February 2, 2001

  
Benge v. Jones (In re Estate of Jones), No. 257, 2000, SUPREME COURT OF DELAWARE, February 2, 2001, Decided
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Overview: The court affirmed chancery court default judgments which required the executor of an estate to repay executor fees paid and costs and attorney fees. The executor had delayed distribution of estate property, and delayed in these proceedings.

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Dunning v. Barnes, C.A. No. 98C-02-045, SUPERIOR COURT OF DELAWARE, KENT, February 2, 2001, Decided
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Overview: Trial court was required to evaluate expert testimony in medical malpractice action to ensure that it was relevant and reliable. As such, it could not be definitely stated by either expert whether any anatomical variation was present.

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Hambleton v. Christiana Care Health Servs., CIVIL ACTION NUMBER 97C-12-044-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 2, 2001, Decided
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Overview: Decedent's estate's motion in limine was granted declaring the trial court's previous ruling on proximate cause in medical negligence action was the law of the case for retrial, as there was no compelling reason to reopen the ruling.

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Jones v. Reliant Energy Resources Corp., C.A. No. 17634, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 2, 2001, Date Decided
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Overview: The court dismissed, as collaterally estopped, gas suppliers' equitable contribution claim against pipeline for amount the suppliers had to pay royalty owners based on amount suppliers received from pipeline for take or pay settlement.

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Russell v. State, No. 227, 2000, SUPREME COURT OF DELAWARE, February 2, 2001, Decided
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Simmons v. State, No. 72, 2000, SUPREME COURT OF DELAWARE, February 2, 2001, Decided
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Overview: Because, in discharging defendant from boot camp diversion program, trial court abused its discretion by finding defendant violated boot camp diversion rules solely upon hearsay testimony, appellate court reversed and remanded for new hearing.

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State v. Jones, Cr. A. No. VN98-08-1039-04, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 2, 2001, Decided
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Tease v. London, C.A. No. 00C-03-303, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 2, 2001, Decided
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Overview: Motion to dismiss medical malpractice complaint was granted where praecipe directing service was not filed until after statute of limitations period had expired; thus, plaintiff's action was time-barred.

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Zerby v. Allied Signal Inc., C.A. No.: 00C-07-068-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 2, 2001, Decided
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Overview: Worker suffering from liver cancer due to exposure to vinyl chloride could not show proximate cause in her claims of negligence, gross negligence, strict liability, battery, fraud, and constructive fraud against non-suppliers.

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