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   State Courts - Delaware - June 28, 2001

  
Cunningham v. Outten, C.A. No. 97C-10-014, SUPERIOR COURT OF DELAWARE, KENT, June 28, 2001, Decided
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Overview: Injured party's motion for additur, or in the alternative a new trial denied, as there were no exceptional circumstances to warrant the court to upset the verdict. Defendant's motion for costs granted in part.

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Gullo v. Walther, No. 254, 2000, SUPREME COURT OF DELAWARE, June 28, 2001, Decided
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Overview: Where jury awarded no damages for injuries 1st driver claimed that he sustained in car collision, trial court did not abuse its discretion in refusing to grant a new trial given 1st driver's failure to provide objective evidence of injury.

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Harden v. State, No. 75, 2001, SUPREME COURT OF DELAWARE, June 28, 2001, Decided
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Overview: Because the State had broad discretion to determine the charges brought against defendant, it was not improper to charge defendant with sex crimes before the superior court instead of incest before the family court.

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Hughes v. Genesis Health Ventures, C.A. No. 99A-11-003 HDR, SUPERIOR COURT OF DELAWARE, KENT, June 28, 2001, Decided
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Overview: Industrial accident board erred in ending total disability benefits based on finding that claimant was not totally disabled; board's finding of only partial disability failed to give controlling weight to treating doctor's no-work order.

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In re Westell Techs. Inc., Civil Action No. 18533, COURT OF CHANCERY OF DELAWARE, SUSSEX, June 28, 2001, Decided
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Overview: Where class actions were brought against directors in both state and federal courts, directors were entitled to stay of state court proceeding in favor of federal court proceeding. Parties and claims in both cases were sufficiently similar.

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