Legal Opinion
State v. Drews
Supreme Court of Delaware
Decided April 9, 1985PublishedCited by 5 opinions
1Opinion of the Court
MOORE, Justice:
The State of Delaware (the employer) appeals a ruling of the Superior Court reversing an Industrial Accident Board (Board) decision which had denied attorney’s fees to the claimant, Elizabeth Drews. The issue is whether a concession of liability, made by the State on the eve of a hearing on the merits, precludes an allowance of counsel fees because the Board then was not required to make a compensation award. The Board considered that the State’s concession fell within the rule of Kelly v. J & J Corp., Del.Supr., 447 A.2d 427 (1982), denying an allowance of fees in cases where…
2Cases cited5 opinions
- Hill v. Moskin Stores, Inc.Supreme Court of Delaware · 1960
- Anderson v. Wheeler ConstructionSuperior Court of Delaware · 1970
- Hope's Suburban Garbage v. HopeSuperior Court of Delaware · 1975
- Fitzgerald v. Roy's Flying" A"Superior Court of Delaware · 1970
- Kelly v. J & J CORP.Supreme Court of Delaware · 1982
3Cited by5 opinions
- Simmons v. Delaware State HospitalSupreme Court of Delaware · 1995
- Seaford Feed Co. v. MooreSupreme Court of Delaware · 1988
- Brandywine School District v. HoskinsSupreme Court of Delaware · 1985
- Holben v. Pepsi Bottling Ventures, LLCSuperior Court of Delaware · 2019
- Holben v. Pepsi Bottling Ventures, LLCSuperior Court of Delaware · 2018