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   State Courts - Delaware - February 29, 2000

  
Anderson v. GMC, No. 491, 1999, SUPREME COURT OF DELAWARE, February 29, 2000, Decided
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Overview: Judgment affirmed where petition for workers' compensation benefits was untimely because barred by two-year statute of limitations which began to run when a reasonable person should have recognized the nature of the injury.

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Ayers v. Colonial Ins. Co., C.A. No. 99C-05-009, C.A. No. 99C-08-002, SUPERIOR COURT OF DELAWARE, SUSSEX, February 29, 2000, Date Decided
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Overview: Underinsurance coverage from policies of passengers and tortfeasor drivers applied cumulatively to determine whether vehicles were underinsured, and insurers' policy provisions restricting such coverage lacked statutory authorization.

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Biggins v. State, No. 63, 2000, SUPREME COURT OF DELAWARE, February 29, 2000, Decided
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Overview: Habeas corpus petitioner's pro se notice of appeal was untimely filed four months after the superior court's order and was, therefore, dismissed; a timely notice was jurisdictional, and his pro se status was no excuse.

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Caputo v. Caputo, File No. CN00-06308, Petition Nos. 00-02567 and 00-02580, FAMILY COURT OF DELAWARE, NEW CASTLE, February 29, 2000, Decided
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Overview: Where wife had been out of job market for some time, raising children, Delaware court awarded her interim spousal support, child support, and attorney fees based on extreme income discrepancy.

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City of Rehoboth v. McKenzie, Civil Action No. 98C-12-023, SUPERIOR COURT OF DELAWARE, SUSSEX, February 29, 2000, Decided
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Overview: A city was entitled to an administrative appeal from a state department environmental order regulating point source discharges from wastewater facilities with the purpose of systematically eliminating such discharges.

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Eley v. State, No. 42, 2000, SUPREME COURT OF DELAWARE, February 29, 2000, Decided
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Overview: Defendant's counsel was ineffective, because against client's wishes, he failed to perfect direct appeal. Court dismissed appeal because it lacked jurisdiction, but remanded for resentencing to renew time to file new appeal.

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In re Clemente, C.M. No. 8614-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 29, 2000, Decided
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Overview: Compromise suggested by husband, that only children' counsel, and not the children themselves, have access to his medical records, was reasonable, in their suit seeking appointment of a professional guardian for their mother.

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In re Hillis, No. 51, 2000, SUPREME COURT OF DELAWARE, February 29, 2000, Decided
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In re Morente, C.A. No. 16763, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 29, 2000, Decided
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Overview: Plaintiff could not seek the return of stock shares transferred to defendant in a sham transaction, because participation in the issuance of stock without consideration barred plaintiff's right to complain of the issuance.

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Joyner v. Right Transp. Co., No. 573, 1999, SUPREME COURT OF DELAWARE, February 29, 2000, Decided
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Overview: Disability claimant failed to raise any inference of transportation company's discrimination; even if he had, it could legitimately deny services to clients who failed to abide by its procedures for securing transportation.

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