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  • Commentaries
  • Judgments

Delaware Case Commentaries

De Facto Arrests and Stationhouse Transports: Swanson v. State and the Limits of Terry Stops for Evidence Collection

De Facto Arrests and Stationhouse Transports: Swanson v. State and the Limits of Terry Stops for Evidence Collection

Date: Dec 16, 2025
De Facto Arrests and Stationhouse Transports: Swanson v. State and the Limits of Terry Stops for Evidence Collection I. Introduction In Swanson v. State, decided on December 15, 2025, the Delaware...
Dilution and Diversion Claims "Travel" with Securities: Standing Lost Upon Sale Even for Direct Fiduciary Claims — Commentary on The Yosaki Trust v. Weber (Del. 2025)

Dilution and Diversion Claims "Travel" with Securities: Standing Lost Upon Sale Even for Direct Fiduciary Claims — Commentary on The Yosaki Trust v. Weber (Del. 2025)

Date: Dec 16, 2025
Dilution and Diversion Claims “Travel” with Securities: Standing Lost Upon Sale Even for Direct Fiduciary Claims Commentary on The Yosaki Trust v. Teresa S. Weber, No. 157, 2025 (Del. Supr. Dec. 15,...
Strict Limits on Interlocutory Appeals from Caremark Demand‑Futility Rulings: Commentary on Turner v. Brewer

Strict Limits on Interlocutory Appeals from Caremark Demand‑Futility Rulings: Commentary on Turner v. Brewer

Date: Dec 16, 2025
Strict Limits on Interlocutory Appeals from Caremark Demand‑Futility Rulings: A Commentary on John M. Turner, Jr. v. Katherine Richards Brewer I. Introduction This commentary examines the Delaware...
Optional PIP Arbitration Under 21 Del. C. § 2118(j) Is Non‑Preclusive of Subsequent UM Litigation: Commentary on Vaughn v. Allstate

Optional PIP Arbitration Under 21 Del. C. § 2118(j) Is Non‑Preclusive of Subsequent UM Litigation: Commentary on Vaughn v. Allstate

Date: Dec 13, 2025
Optional PIP Arbitration Under 21 Del. C. § 2118(j) Is Non‑Preclusive of Subsequent UM Litigation: Commentary on Vaughn v. Allstate I. Introduction This commentary examines the Supreme Court of...
ADA Accommodation Claims, Prior Terminations, and No‑Merit Appeals in Delaware TPR Cases: Commentary on Shelby Davis v. DSCYF

ADA Accommodation Claims, Prior Terminations, and No‑Merit Appeals in Delaware TPR Cases: Commentary on Shelby Davis v. DSCYF

Date: Dec 13, 2025
ADA Accommodation Claims, Prior Terminations, and No‑Merit Appeals in Delaware Termination of Parental Rights Cases: A Commentary on Shelby Davis v. Department of Services for Children, Youth and...
Opinion-of-Counsel Conditions as Independent, Good‑Faith Safeguards in Delaware MLPs: Commentary on Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP

Opinion-of-Counsel Conditions as Independent, Good‑Faith Safeguards in Delaware MLPs: Commentary on Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP

Date: Dec 11, 2025
Opinion-of-Counsel Conditions as Independent, Good‑Faith Safeguards in Delaware MLPs: A Commentary on Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP (Del. Dec. 10, 2025) I. Introduction...
Bolden v. State and the Right to Counsel at Plea Withdrawal: Sequencing Counsel-Withdrawal Motions and the “Good Cause” Standard

Bolden v. State and the Right to Counsel at Plea Withdrawal: Sequencing Counsel-Withdrawal Motions and the “Good Cause” Standard

Date: Dec 11, 2025
Bolden v. State and the Right to Counsel at Plea Withdrawal: Sequencing Counsel-Withdrawal Motions and the “Good Cause” Standard I. Introduction Bolden v. State (Del. Supr. Dec. 9, 2025) is a...
Keys v. State and the Limits on Using Rap Lyrics and Social Media Audio Under Delaware Evidence Law

Keys v. State and the Limits on Using Rap Lyrics and Social Media Audio Under Delaware Evidence Law

Date: Dec 11, 2025
Keys v. State and the Limits on Using Rap Lyrics and Social Media Audio Under Delaware Evidence Law I. Introduction Keys v. State, No. 368, 2024 (Del. Dec. 9, 2025), is a significant Supreme Court of...
No Mid‑Crime Withdrawal: Accomplice Liability and Termination of Complicity in Henry v. State

No Mid‑Crime Withdrawal: Accomplice Liability and Termination of Complicity in Henry v. State

Date: Dec 11, 2025
No Mid‑Crime Withdrawal: Accomplice Liability and Termination of Complicity in Henry v. State Introduction In Henry v. State, No. 519, 2024 (Del. Dec. 9, 2025), the Delaware Supreme Court, sitting en...
Reaffirming Nally Over Duvall in Successive-Injury Cases: Commentary on Ferrell v. City of Wilmington

Reaffirming Nally Over Duvall in Successive-Injury Cases: Commentary on Ferrell v. City of Wilmington

Date: Dec 5, 2025
Reaffirming Nally Over Duvall in Successive-Injury Cases: Commentary on Ferrell v. City of Wilmington I. Introduction In Corey Ferrell v. City of Wilmington, No. 152, 2025 (Del. Dec. 4, 2025), the...
Competency to Stand Trial, Minimal On‑Record Findings, and Reliance on Psychiatric Reports: Commentary on Chun‑Castro v. State (Del. 2025)

Competency to Stand Trial, Minimal On‑Record Findings, and Reliance on Psychiatric Reports: Commentary on Chun‑Castro v. State (Del. 2025)

Date: Dec 4, 2025
Competency to Stand Trial, Minimal On‑Record Findings, and Reliance on Psychiatric Reports: Commentary on Chun‑Castro v. State (Del. 2025) 1. Introduction The Delaware Supreme Court’s decision in...
Strict Compliance with Section 220 Form-and-Manner Requirements: Commentary on Floreani v. FloSports, Inc.

Strict Compliance with Section 220 Form-and-Manner Requirements: Commentary on Floreani v. FloSports, Inc.

Date: Nov 28, 2025
Strict Compliance with Section 220 Form-and-Manner Requirements: Commentary on Floreani v. FloSports, Inc. Introduction The Delaware Supreme Court’s decision in Martin Floreani v. FloSports, Inc.,...
Reese v. State: Limits on Cronic, Rule 61, and Brady Challenges After a Global Guilty Plea

Reese v. State: Limits on Cronic, Rule 61, and Brady Challenges After a Global Guilty Plea

Date: Nov 28, 2025
Reese v. State: Limits on Cronic, Rule 61, and Brady Challenges After a Global Guilty Plea I. Introduction The Delaware Supreme Court’s order in Reese v. State (No. 6, 2025, decided November 24,...
Corley v. State: Delaware Mandates Tier II Classification for Federal § 2252A Offenders and Reaffirms the Civil Nature of Sex‑Offender Registration

Corley v. State: Delaware Mandates Tier II Classification for Federal § 2252A Offenders and Reaffirms the Civil Nature of Sex‑Offender Registration

Date: Nov 20, 2025
Corley v. State: Delaware Mandates Tier II Classification for Federal § 2252A Offenders and Reaffirms the Civil Nature of Sex‑Offender Registration 1. Introduction The Delaware Supreme Court’s order...
Section 1515 Fee-Shifting Applies to All Title 13 Proceedings; Unsigned Separation Agreements Enforceable When Intent and Performance Are Clear — Goode v. Goode (Del. 2025)

Section 1515 Fee-Shifting Applies to All Title 13 Proceedings; Unsigned Separation Agreements Enforceable When Intent and Performance Are Clear — Goode v. Goode (Del. 2025)

Date: Nov 19, 2025
Section 1515 Fee-Shifting Applies to All Title 13 Proceedings; Unsigned Separation Agreements Enforceable When Intent and Performance Are Clear — Goode v. Goode (Del. 2025) Introduction In Daniel...
Uniformity Means Uniform Within Reasonable Classes: Delaware Supreme Court Upholds Split‑Rate School Taxation and Clarifies “Projected Revenue” Under HB242

Uniformity Means Uniform Within Reasonable Classes: Delaware Supreme Court Upholds Split‑Rate School Taxation and Clarifies “Projected Revenue” Under HB242

Date: Nov 15, 2025
Uniformity Means Uniform Within Reasonable Classes: Delaware Supreme Court Upholds Split‑Rate School Taxation and Clarifies “Projected Revenue” Under HB242 Introduction In Newark Property Association...
Delaware Supreme Court Clarifies Workers’ Compensation Subrogation Against UIM Proceeds Is Limited to “Boardable” Damages (ProAssurance v. Manz)

Delaware Supreme Court Clarifies Workers’ Compensation Subrogation Against UIM Proceeds Is Limited to “Boardable” Damages (ProAssurance v. Manz)

Date: Nov 12, 2025
Workers’ Compensation Subrogation Against UIM Proceeds Is Limited to “Boardable” Damages: Delaware Supreme Court Applies Henry II in ProAssurance v. Manz Introduction In ProAssurance Group d/b/a...
No COVID-19 Excuse for Parental Inaction: Delaware Supreme Court Affirms TPR for Unintentional Abandonment and Failure to Plan

No COVID-19 Excuse for Parental Inaction: Delaware Supreme Court Affirms TPR for Unintentional Abandonment and Failure to Plan

Date: Nov 1, 2025
No COVID-19 Excuse for Parental Inaction: Delaware Supreme Court Affirms TPR for Unintentional Abandonment and Failure to Plan Introduction In Storm v. Department of Services for Children, Youth and...
Harmless Misapplication of SENTAC Aggravators When Other Valid Factors Support Departure: Anderson v. State (Del. 2025)

Harmless Misapplication of SENTAC Aggravators When Other Valid Factors Support Departure: Anderson v. State (Del. 2025)

Date: Oct 25, 2025
Harmless Misapplication of SENTAC Aggravators When Other Valid Factors Support Departure Anderson v. State, Supreme Court of Delaware (Oct. 24, 2025) Introduction In Anderson v. State, the Delaware...
Fairness Over Finality: Day‑of‑Sale Loan Reinstatement Is “Unfairness” Justifying Vacatur of a Sheriff’s Sale Without an Evidentiary Hearing

Fairness Over Finality: Day‑of‑Sale Loan Reinstatement Is “Unfairness” Justifying Vacatur of a Sheriff’s Sale Without an Evidentiary Hearing

Date: Oct 25, 2025
Fairness Over Finality: Day‑of‑Sale Loan Reinstatement Is “Unfairness” Justifying Vacatur of a Sheriff’s Sale Without an Evidentiary Hearing Introduction In EN Properties, LLC v. Freedom Mortgage...
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