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   State Courts - Delaware - June 6 - June 7, 2000

  
K. G. B. v. M. H., FILE NO. CN99-07545, PETITION NOS. 99-19235, 99-40560, FAMILY COURT OF DELAWARE, NEW CASTLE, June 6, 2000, Decided
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Michael J. Koperna v. Keys, C.A. No. 98C-06-129-VAB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 6, 2000, Decided
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Overview: The rule that an insurance policy term was construed against its drafter came into play only when the policy contract was ambiguous; otherwise, plain language controlled in determining applicable policy limits.

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Orville v. Div. of Family Servs., No. 447, 1999, SUPREME COURT OF DELAWARE, June 6, 2000, Submitted , June 6, 2000, Decided
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Price v. Continental Ins. Co., C.A. No. 17219-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 6, 2000, Decided
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Overview: Even though defendant contested the arbitration award it was to pay, it still had to pay prejudgment interest from the date of the original award.

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Roeben v. Julian, C.A. No. 99A-11-001-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 6, 2000, Decided
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Overview: Delaware workers' compensation claimant was allowed to present evidence on review of administrative determination that his back surgery was not reasonable or necessary.

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State v. McCane, CRIMINAL ACTION NO. S97-11-0516, UNLAWFUL SEXUAL INTERCOURSE 1ST S97-11-0517, UNLAWFUL SEXUAL INTERCOURSE 1ST S97-11-0518, CONTINUOUS SEXUAL ABUSE, SUPERIOR COURT OF DELAWARE, SUSSEX, June 6, 2000, Decided
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Overview: The court denied defendant's motion for post conviction relief from his convictions of unlawful sexual intercourse and continuous sexual abuse of a child. The claims were either procedurally barred or without merit.

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Turner v. Bernstein, Civil Action No. 16190, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 6, 2000, Date Decided
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Overview: Minority shareholders granted summary judgment for liability of former directors of non-public corporation for breach of fiduciary duties for not providing merger information sufficient for shareholder to make informed appraisal election or waiver.

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State Farm Mut. Auto. Ins. Co. v. Curtis, Civil Action No. 1998-07-376, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, June 7, 2000, Decided
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Overview: In subrogation action by insurer and insured, driver who rear-ended insured's vehicle while insured was stopped at intersection breached common law duty of care and was negligent per se by violating careless driving statute.

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State v. Jackson, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 7, 2000, Decided
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Overview: Defendants in a criminal trial were prohibited from taking the deposition of adverse witnesses where they failed to establish that the witnesses would have been unavailable at trial.

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