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   State Courts - Delaware - May 16 - May 17, 2002

  
In re AXA Fin., Inc. S'holders Litig., Consolidated C.A. No. 18268, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 16, 2002, Decided
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Overview: Attorney fees of $ 3 million in class action settlement, representing over $ 2,630/hour, were fair where benefit achieved, at least in part by litigation, was $ 903 million. The hourly fee was a secondary consideration to size of benefit created.

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Jones v. Shisler, C.A. No.: 98C-04-070-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 16, 2002, Decided
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Overview: Additur was proper where jury found some of plaintiff's injuries were proximate result of other driver's negligence, yet awarded no damages. Once existence of injury was established, jury was required to return verdict with at least minimal damages.

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King v. State, No. 327, 2001, SUPREME COURT OF DELAWARE, May 16, 2002, Decided
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Liggett Group Inc. v. Ace Prop. & Cas. Ins. Co., No. 512, 2001, SUPREME COURT OF DELAWARE, May 16, 2002, Decided
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Overview: Under plain meaning of insurance policies, claims against tobacco products manufacturer arising out of the use of its products were excluded from coverage and insurers had no duty to defend the manufacturer.

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Marcucilli v. Boardwalk Builders, C.A. No. 99C-02-007, SUPERIOR COURT OF DELAWARE, SUSSEX, May 16, 2002, Decided
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Overview: In a homeowner's breach of contract action against a builder, the builder was not entitled to summary judgment based on a release, the breach, or consumer fraud, but was so entitled as to a time-barred breach of workmanship warranty violation.

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McNeil v. McNeil, Nos. 490, 2001, 497, 2001, 505, 2001 CONSOLIDATED, SUPREME COURT OF DELAWARE, May 16, 2002, Decided
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Overview: Trustees who failed to inform settlor's son of his status as beneficiary rather than remainderman under his mother's trust were properly surcharged, but removal and replacement should have proceeded per trust instrument.

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State v. Lewis, No. 548, 2000, SUPREME COURT OF DELAWARE, May 16, 2002, Decided
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Overview: There was no abuse of discretion in sentence reduction granted after sentence had been completely served, as extraordinary circumstances existed, which included deportation proceedings that were stayed pending sentence reduction decision.

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State v. McGraw, ID No. 0106019765, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 16, 2002, Decided
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Overview: The trial court granted defendant's motion to sever the child pornography and the unlawful sexual contact charges, in part, because the charges were not part of the same act, as the sexual contact victim was never shown the pornography.

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Wharton v. Unemployment Ins. Appeal Bd. & Hoboken Floors, C.A. No. 01A-12-007-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 16, 2002, Decided
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Overview: Due to the lack of evidence of an employee's allegations of an unsafe workplace, and the employee's failure to inform his employer of his dissatisfaction with a supervisor's profanity, the unemployment board properly denied benefits.

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Olde Colonial Vill. v. Millers Mut. Ins., C.A. No.: 99C-06-187-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 17, 2002, Decided
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Overview: Where counsel failed to come to terms on their own, upon reargument, the court was warranted to award pre-judgment interest and attorney's fees. However, insurance coverage for extra expenses failed to mature, as activities were not covered.

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