Delaware Law Weekly
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  July 3, 2009
Supreme Court Reverses Death Penalty in Double Murder
free article for limited access subscribers
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.  premium content
By Elizabeth Bennett
Delaware Law Weekly
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   premium content
free article for limited access subscribers

By Elizabeth Bennett
Delaware Law Weekly
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.
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Attorney Fees • Employment Discrimination Action • Reasonable Fee
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
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Capital Case • Mitigating Circumstance • Instruction to Jury • Penalty Phase
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.
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Dismissal • Asbestos Case • Spanish Citizen • Forum Non Conveniens
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
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Disability • Total Disability • Medical Expenses
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
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Termination of Benefits • Partial Disability • Unrebutted Medical Testimony
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
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Termination of Benefits • Total/Partial Disability • Medical Expert Evidence
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
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Medical Expenses • Proposed Back Surgery • Approval
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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Today's Featured Decision
SINOMAB BIOSCIENCE LIMITED, et al.
v.
IMMUNOMEDICS, INC.
News in Brief
Thurman Adams Jr., Longtime State Senator, Dies at 80 premium content
Bayard President Joins DSBA Executive Committee premium content
JOP Screening Committee Named premium content
Potter Anderson Attorney Honored by DuPont premium content
More Headlines
The Associated Press
Utilities could pay energy producing customers
The Associated Press
Bill allowing grocery-store alcohol sales stalls
The Associated Press
Lawmakers revive sexual-orientation bill
The Associated Press
Wilmington considers phone ban for drivers
The Associated Press
Witness testimony now evidence in all Del. cases
The Associated Press
State rep. proposes taxes to balance Del. budget
The Associated Press
Delaware Senate leader Adams dies at 80
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