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State Courts -
Delaware - March 30, 2007
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Foley v. Elkton Plaza Assocs., LLC, C.A. No. 05C-05-176-PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2007, Decided
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Overview: Plaintiff's damages, after being reduced by one-half because she and defendants were equally at fault, were $ 312,500. While adequate, this award was not "substantial"; therefore, it was appropriate to impose costs on defendants under Del. Code Ann. tit. 10, ? 5101 without reducing them by one-half due to plaintiff's equal responsibility.
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Foley v. Elkton Plaza Assocs., LLC, C.A. No. 05C-05-176-PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2007, Decided
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Overview: In an action after a slip-and-fall injury, plaintiff's new trial motion (Del. Super. Ct. R. Civ. P. 59) was denied; there were no persuasive indicia of a compromise verdict. Although a close question of liability was presented, evidenced by the finding that each party was 50 percent negligent, the ultimate damage award was not grossly inadequate.
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Korn v. New Castle County, No. 165, 2006,
SUPREME COURT OF DELAWARE, March 30, 2007, Decided
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Overview: Although the county's abandonment of its original $ 80 million bond sale could not be considered a monetary benefit in calculating attorney fee award, the Light Tax Fund surplus that taxpayers challenged as unlawful was used to reduce all taxpayers' light tax rate, and, thus, could be considered in calculating a common fund attorney fee award.
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