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July 3, 2009
Supreme Court Reverses Death Penalty in Double Murder
free article for limited access subscribers
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The death sentence handed down in a case where the defendant killed one man in Delaware and another man in Maryland was reversed by the Delaware Supreme Court last month because the jury had not been properly instructed about the Maryland law under which the defendant may not have been criminally responsible for his actions.
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Judge Rules Foreign Citizens May Bring Asbestos Actions in Del. 
By Elizabeth Bennett
Delaware Law Weekly
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The Superior Court has denied a motion to dismiss based on forum non conveniens in the suit of a Spanish insulator who claims his exposure to asbestos while working on American warships made him sick, clearing the way for this case and 24 others brought by Spanish nationals to proceed.
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IN THE NEXT DLW
Delaware Firms Instill the Values of Pro Bono
free article for limited access subscribers
By Elizabeth Bennett
Delaware Law Weekly
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No matter which Delaware firm, you can find its attorneys engaged in pro bono work and community service through state mechanisms, as well as through national organizations.
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| This Week's Digests |
U.S. DISTRICT COURT OF DELAWARE
CIVIL PRACTICE
Laymon v. Lobby House, Inc.
Attorney Fees • Employment Discrimination Action • Reasonable Fee
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The successful plaintiff in this employment discrimination action was entitled to the attorney fee she sought where the hourly rates requested and the time required for counsel and his support staff to prosecute the case to a favorable verdict were reasonable. Attorney fees and costs awarded.
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DELAWARE SUPREME COURT
CRIMINAL PRACTICE
Norman v. State
Capital Case • Mitigating Circumstance • Instruction to Jury • Penalty Phase
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Where the state used defendant's unadjudicated conduct in Maryland to establish an aggravating factor, defendant's lack of criminal responsibility under Maryland law was a relevant mitigating circumstance, and the trial court should have instructed the jury during the penalty phase on the Maryland law applicable to any legal mitigation of defendant's conduct in Maryland. Affirmed in part, reversed in part and remanded for new penalty hearing.
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DELAWARE SUPERIOR COURT
CIVIL PRACTICE
Lluerma v. Owens Illinois, Inc.
Dismissal • Asbestos Case • Spanish Citizen • Forum Non Conveniens
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Where the Superior Court found that Spain might lack jurisdiction over this asbestos case arising from a Spanish citizen's work aboard U.S. warships at a U.S. naval base in Spain and where defendant failed to demonstrate that it would suffer overwhelming hardship if required to litigate the matter in Delaware, the court declined to dismiss the case on the basis of forum non conveniens. Motion to dismiss denied.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Bass v. Northeast Treatment Center
Disability • Total Disability • Medical Expenses
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Although claimant was entitled to total disability benefits where his treating physician took him out of work, he was not entitled to compensation for the special mattress and iontophoresis recommended for his back condition. Petition to determine compensation due granted in part, denied in part.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Smith v. Regal Heights Health
Termination of Benefits • Partial Disability • Unrebutted Medical Testimony
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Claimant was not entitled to partial disability benefits where employer's medical expert offered unrebutted testimony that claimant had recovered from a work-related shoulder injury and could return to work without restrictions. Petition to terminate benefits granted.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Coles v. Delaware Park
Termination of Benefits • Total/Partial Disability • Medical Expert Evidence
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Claimant was not entitled to any benefits where there was no real dispute among the medical experts that he was capable of returning to work and where a labor market survey indicated that he had no diminished earning capacity. Petition to terminate benefits granted.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Coakley v. Burris Logistics
Medical Expenses • Proposed Back Surgery • Approval
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Accepting the opinion of claimant's medical expert as the most persuasive, the Industrial Accident Board approved of a less invasive, two-part surgical procedure involving fusion at one level and disk replacement at another level. Petition to determine additional compensation due granted.
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