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   State Courts - Delaware - April 12, 2006

  
Farm Family Cas. Ins. Co. v. Rodriguez, No. 175, 2006, SUPREME COURT OF DELAWARE, April 12, 2006, Decided
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In re Asbestos Litigation: , Nos. 100, 2005; 101, 2005; 102, 2005; 106, 2005; 107, 2005; and 137, 2005 (CONSOLIDATED), SUPREME COURT OF DELAWARE, April 12, 2006, Decided
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Overview: As the trial court used an incorrect and incomplete legal standard in determining the potential liability for asbestos related injuries of an independent contractor's employees while working on the landowners' premises, judgment in favor of said employees was vacated. But, a single landowner could not be liable for exposure caused by a contractor.

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In re Lazaridis, No. 135, 2006, SUPREME COURT OF DELAWARE, April 12, 2006, Decided
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Overview: The petition for writ of prohibition, seeking reimbursement for a $ 90 filing fee that was charged to petitioner to prepare the family court's record for an appeal, failed to invoke the jurisdiction of the reviewing court under Del. Const. art. IV, § 11(5) and Del. Sup. Ct. R. 43. He had an adequate remedy at law in the form of a direct appeal.

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McKnight v. USAA Cas. Ins. Co., No. 608, 2005, SUPREME COURT OF DELAWARE, April 12, 2006, Decided
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Regal Entm't Group v. Amaranth LLC, C.A. No. 1226-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 12, 2006, Decided
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Overview: Convertible note issuer's motion to certify a defendant class under Del. Ch. Ct. R. 23 was granted, and a hedge fund that challenged the issuer's conversion of notes to common stock formula was made the representative as it was an adequate representative under Del. Ch. Ct. R. 23(a)(4) and met the typicality requirement of Del. Ch. Ct. R. 23(a)(3).

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Sandcastle Realty, Inc. v. Castagna, Civil Action No. 921-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, April 12, 2006, Decided
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Overview: Because a real estate company would not suffer any prejudice, the defendants' motion to amend were granted, and because the company did not provide valid reasons for refusing to respond to the defendants' interrogatories and requests for production, they were ordered to respond.

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W. Am. Ins. Co. v. Bogush, C.A. NO. 03C-11-217-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 12, 2006, Decided
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Overview: In a declaratory judgment action, two parents and their daughter had an insurable interest in a car, pursuant to Del. Code Ann. tit. 18, § 2706, that was involved in a pedestrian accident since the car had been used by the daughter as a substitute vehicle, though her uninsured boyfriend was driving it at the time of the accident.

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