Delaware, April, 2002, State Case law

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State Courts - Delaware - April 16, 2002

Balaguer v. Otteni, C.A. No. 97C-01-045-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 16, 2002, Decided
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In re Digex S'holders Litig., Civil Action No. 18336-NC, COURT OF CHANCERY OF DELAWARE, SUSSEX, April 16, 2002, Decided
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Overview: Where class members knew on date that settlement agreement was approved that they were not going to receive their proportional share of settlement, their later motion to intervene to assert those same concerns was untimely.

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Ortiz-Bernal v. Shahan, C.A. No. 2001-09-409, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, April 16, 2002, Decided
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Overview: Record supported hearing officer's findings that police officer had probable cause to stop a driver and that driver operated a motor vehicle while under the influence of alcohol, and court upheld Delaware DMV's decision to revoke driver's license.

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Parker v. Wilk, C.A. No. 98C-12-075-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 16, 2002, Decided
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Overview: The injured parties could proceed on a survival claim based on loss of chance. Since they did not show both an injury and an increased risk of harm, they could not seek damages for an increased risk of harm. Nor could they assert wrongful death.

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Shipley v. Stocks, C.A. No. 2001-08-645, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, April 16, 2002, Decided
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White v. Zoning Bd. of Adjustment of Wilmington, C.A. No. 01A-08-005 HLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 16, 2002, Decided
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Overview: Appellants' motion for reargument was denied because the issues raised in the motion were considered by the court in making its original decision. The contentions were mere restatements of the arguments raised in appellants' appeal.

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