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   State Courts - Delaware - April 11, 2001

  
Estate of Farrell v. Gordon, No. 408, 2000, SUPREME COURT OF DELAWARE, April 11, 2001, Decided
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Overview: Delaware's no-fault statute did not abrogate the collateral source rule; high court adopted minority rule that punitive damages could be awarded against estate of deceased tortfeasor.

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Lane v. Cancer Treatment Ctrs. of Am., C.A. No. 12207-NC, COURT OF CHANCERY OF DELAWARE, KENT, April 11, 2001, Decided
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Overview: Chancery court denied respondent's motion to dismiss for failure to prosecute because petitioner's new counsel had worked diligently to overcome significant obstacle he encountered after he was hired.

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Latchford v. Schadt, C.A. No. 99C-02-170, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 11, 2001, Decided
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Overview: Where a city code provision made a failure to maintain sidewalks a nuisance, the owners' violation of the code provision constituted nuisance per se, and the owners were to be held strictly liable for such a violation.

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Montgomery Mut. Ins. Co. v. Fed. Ins. Co., C.A. No. 17809-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 11, 2001, Decided
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Overview: Because an insurance company filed two applications for arbitration, and the second did not request a one-year deferral, the insurance company had no legitimate expectation that a deferral would be forthcoming.

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State v. Arnold, ID # 0007004667, SUPERIOR COURT OF DELAWARE, SUSSEX, April 11, 2001, Decided
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Overview: The appellate court ordered plaintiff State to produce a transcript of the proceedings below where it needed such a transcript in order to determine whether it could consider the appeal.

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State v. Hamilton, ID NO. 9805006798, 9806011006, 9804001029, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 11, 2001, Decided
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Overview: Since the baby had a heartbeat ex-utero before it died, it was a person for purposes of criminal law and defendants, who caused its premature birth by assaulting the mother, were guilty of manslaughter.

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State v. Warren, Case No.: 0009003727, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, April 11, 2001, Decided
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Overview: Where defendant obtained the help of three individuals to help assault the victim, defendant was guilty of the assault committed by the three individuals, because defendant was an accomplice.

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