Delaware Law Weekly
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Top Stories
  February 9, 2010
AG Biden Forgoes Senate Race to Focus on Child Rape Case
free article for limited access subscribers
Attorney General Beau Biden announced last week that he would not run in 2010 for the U.S. Senate seat once held by his father, Vice President Joe Biden, for 36 years.
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District Court Judge Farnan Set to Retire at the End of July  premium content
By Elizabeth Bennett
Delaware Law Weekly
Judge Joseph J. Farnan Jr. of the U.S. District Court for the District of Delaware announced last week he would retire at the end of July, after 25 years of service on the court.
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Mixed Bag for the Judiciary in Markell's Budget Recommendation  premium content
By Elizabeth Bennett
Delaware Law Weekly
Gov. Jack Markell is recommending a fiscal year 2011 operating budget of $3.17 billion that closes a roughly $254 million gap with a combination of cuts and consolidations.
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This Week's Digests
DELAWARE SUPREME COURT
CIVIL PRACTICE
Rapposelli v. State Farm Mutual Automobile Ins. Co.
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Interest • Pre-judgment Interest • Underinsured Motorist Claim • Contract/Tort Action
Plaintiff was entitled to pre-judgment interest from defendant-insurer since plaintiff's claim for underinsured motorist coverage could be considered a "tort action" under 6 Del. C. §2301(d). Reversed and remanded.
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DELAWARE COURT OF CHANCERY
BUSINESS LAW
In re Sunbelt Beverage Corp. Shareholder Litig.
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Mergers and Acquisitions • Cash-out of Minority Shareholder • Appraisal • Valuation of Shares
In this dispute over the value of shares held by a minority shareholder cashed out as the result of a merger, the Court of Chancery used the experts' discounted cash flow methodology to arrive at the fair value of the shares at the time of the 1997 merger. Opinion issued.
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DELAWARE COURT OF CHANCERY
REAL PROPERTY
Service Corp. of Westover Hills v. Guzzetta
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Covenants • Restrictive Covenant • 'Change' Approval • Structure Demolition
Defendant-homeowners did not have seek approval from plaintiff-homeowner's association for their plan to demolish a residence because the restrictive covenant at issue only applied to changes to existing structures, not the complete demolition of a structure. Judgment for defendants.
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DELAWARE SUPERIOR COURT
APPEALS
Boyle v. Christina School District Bd. of Education
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Interlocutory Appeal • Certification • Supreme Court Rule 42
Applicant was not entitled to obtain certification of an interlocutory appeal where the application did not meet the exacting requirements set forth in Supreme Court Rule 42. Application for certification of interlocutory appeal denied.
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DELAWARE SUPERIOR COURT
INSURANCE LAW
Fernandez v. Government Employees Insurance Companies
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Coverage • PIP Benefits • Deductible Election
Defendant-insurer was not entitled to summary judgment in this dispute over the application of plaintiff's 2005 election of a $10,000 deductible for PIP benefits to renewals in subsequent years where plaintiff's intent was in dispute. Motion for summary judgment denied.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Dennis v. NRG
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Disfigurement • Scarring • Thumb
Where claimant's scar on his left thumb was not severely disfiguring and where claimant showed no substantial social or psychological impact from the scar, claimant was entitled to four weeks of benefits for disfigurement. Petition to determine disfigurement granted.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Brown v. Big Kahuna of Wilmington
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Medical Expenses • Compensability • Expert Medical Testimony
Accepting the testimony of claimant's expert and treating physician that the complexity of claimant's condition required multiple methods of treatment, the Industrial Accident Board held that claimant was entitled to payment of certain unpaid medical expenses. Petition to determine additional compensation due granted.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Howell v. Custom Decorative Molding
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Medical Expenses • Payment • On-going Pain Management Treatment
Where claimant's medical expert opined that claimant's treatment for low back pain was reasonable, necessary and causally related to the work accident and that claimant would need on-going pain management treatment to lead a functional life, the Industrial Accident Board concluded that claimant was entitled to the medical expenses that she sought. Petitions to determine additional compensation due granted.
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Courtroom
Today's Featured Decision
DEBBIE NELSON
v.
DANIEL WILSON
News in Brief
District Court Allows River Dredging to Proceed premium content
Widener Law Professor Heads To the SEC premium content
State Awaits U.S. Supreme Ct. Cert Decision in Cooke premium content
Stabler Joins Saul Ewing's Executive Committee premium content
Bankruptcy Attorney Joins Ballard's Wilmington Office premium content
Connolly Bove Plans 'Cleantech Forum' premium content
More Headlines
The Associated Press
Del. gov. picks law dean for review of doctor case
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