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Decision Addresses Additur in a Personal Injury Case

Introduction When a plaintiff in a personal injury action is not satisfied with a jury award, the plaintiff has a couple of options, one of which is to file a motion with the court challenging the...

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A Closer Look at an Insurer’s Duty to Defend in a Personal Injury Action

Last month, the Delaware Superior Court issued a decision in Blue Hen Mechanical, Inc., v. Atlantic States Insurance Company that addresses an insurer’s duty to defend an insured. The issue of an...

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Delaware Superior Court Excludes Expert Testimony, Again: Collins v. Ashland...

Two weeks ago, I reported on Brown v. United Water Delaware, Inc., C.A. No. 07C-07-070-JAP (Del. Super. Ct. Oct. 7, 2011), in which Judge Parkins of the Delaware Superior Court excluded the plaintiff’s...

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How Plaintiff Missed the Boat: Lafayette v. Christian, No. N12C-04-163 (MMJ)...

On August 21, 2012, the Delaware Superior Court (Johnston, J.) in LaFayette v. Christian dismissed plaintiff Marcia LaFayette’s (“LaFayette”) untimely-filed Complaint, concluding that the applicable...

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Legislation Proposes To Collect Personal Injury Or Workers’ Compensation...

House Bill 294, which was introduced on March 23rd, proposes a new method of collecting child support arrears.  The Bill requires the Division of Child Support Enforcement to maintain a list of persons...

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