Legal Opinion
Blue Hen Lines, Inc. v. Turbitt
Supreme Court of Delaware
Decided December 12, 2001No. 423 and 444, 2000PublishedCited by 12 opinions
1Opinion of the Court
WALSH, Justice.
In this appeal from the Superior Court, we address the question of whether a limited appeal by a claimant, from the Industrial Accident Board, negates the finality of the unappealed portion of the award, so as to preclude a separate action for liquidated damages for non-payment of an award. We conclude that if the employer or carrier is on notice that a portion of the award is due and payable, and no cross-appeal has been filed, a “Huffman Action” for liquidated damages is sustainable. Accordingly, we affirm the judgment of the Superior Court.
I
In November 1994, Bryan Turbitt…
2Cases cited9 opinions
- Mazda Motor Corp. v. LindahlSupreme Court of Delaware · 1998
- SHOWELL POULTRY v. Delmarva Poultry CorporationSupreme Court of Delaware · 1958
- Turbitt v. Blue Hen Lines, Inc.Supreme Court of Delaware · 1998
- Huffman v. C. C. Oliphant & Son, Inc.Supreme Court of Delaware · 1981
- Trievel v. SaboSupreme Court of Delaware · 1998
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Farm Mutual Automobile Insurance v. DavisSupreme Court of Delaware · 2013
- Acro Extrusion Corp. v. CunninghamSupreme Court of Delaware · 2002
- Harrod v. State, Dept. of RevenueAlaska Supreme Court · 2011
- Reid v. HindtSupreme Court of Delaware · 2009
- Hikita v. Nichiro Gyogyo Kaisha, Ltd.Alaska Supreme Court · 2004
7 more not listed; retrieve them via the Exa API.