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