Delaware Case Commentaries

From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine) Litigation

Date: Jul 11, 2025

From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine)...

Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing

Date: Jul 10, 2025

Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing Introduction Barlow v. State, decided by the Supreme Court of Delaware on 8 July...

Washington v. State: Temporal-Proximity Sufficiency & the Narrow Scope of Corpus Delicti in Delaware Concealed-Firearm Prosecutions

Date: Jul 4, 2025

Washington v. State: Temporal-Proximity Sufficiency & the Narrow Scope of Corpus Delicti in Delaware Concealed-Firearm Prosecutions Introduction On 2 July 2025 the Supreme Court of Delaware affirmed...

“More-Than-Enough” Predicate Felonies: Fulton v. State and the Narrow Path to Extraordinary Circumstances under Delaware Rule 35

Date: Jul 4, 2025

“More-Than-Enough” Predicate Felonies: Fulton v. State and the Narrow Path to Extraordinary Circumstances under Delaware Rule 35 Introduction Fulton v. State, No. 123, 2025, decided by the Supreme...

Statutory Cross-Reference Prevails: How Rembert v. State Clarifies the Violent-Felony Predicate Rule After Subsection Renumbering

Date: Jul 4, 2025

Statutory Cross-Reference Prevails: How Rembert v. State Clarifies the Violent-Felony Predicate Rule After Subsection Renumbering 1. Introduction The Delaware Supreme Court’s decision in Rembert v....

“Affirmative Acceptance Equals Waiver” – Delaware Supreme Court Clarifies Counsel-Induced Waiver and Remedies for Discovery Violations in Dillard v. State

Date: Jul 4, 2025

“Affirmative Acceptance Equals Waiver” – Delaware Supreme Court Clarifies Counsel-Induced Waiver and Remedies for Discovery Violations in Dillard v. State Introduction In Dillard v. State (Del. Supr....

Delaware Supreme Court Clarifies the “Closed-Mind” Standard in Sentencing: Moral Condemnation Does Not Equal Judicial Bias – Commentary on Gingerich v. State (2025)

Date: Jul 4, 2025

Delaware Supreme Court Clarifies the “Closed-Mind” Standard in Sentencing: Moral Condemnation Does Not Equal Judicial Bias – Commentary on Gingerich v. State (2025) Introduction Gingerich v. State,...

When Silence Is Not Enough: Delaware Supreme Court Narrows the “Inherently Unknowable Injury” Tolling Doctrine in Escheated-Securities Cases – Saunders v. Lightwave Logic, Inc. (2025)

Date: Jul 4, 2025

When Silence Is Not Enough: Delaware Supreme Court Narrows the “Inherently Unknowable Injury” Tolling Doctrine in Escheated-Securities Cases – Saunders v. Lightwave Logic, Inc. (2025) Introduction...

Davis v. State: Delaware Clarifies “Reasonable Means” Under D.R.E. 804(a)(5) and Re-Affirms Forfeiture-by-Wrongdoing

Date: Jun 27, 2025

Davis v. State: Delaware Clarifies “Reasonable Means” Under D.R.E. 804(a)(5) and Re-Affirms Forfeiture-by-Wrongdoing 1. Introduction In Davis v. State, No. 223, 2024 (Del. June 26, 2025), the...

Expanding the “Position of Trust”: Pearson v. State Affirms Volunteer Fire-Service Officers as Authorities under 11 Del. C. § 761(e)(2)

Date: Jun 25, 2025

Expanding the “Position of Trust”: Pearson v. State Affirms Volunteer Fire-Service Officers as Authorities under 11 Del. C. § 761(e)(2) Introduction Pearson v. State, No. 268, 2024 (Del. June 24,...

“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects

Date: Jun 24, 2025

“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects Introduction Jones v. State, No. 108, 2025...

Scottoline v. Women First, LLC: Delaware Supreme Court Clarifies the Distinction Between Diagnosis and Etiology Under Rule 702

Date: Jun 20, 2025

Scottoline v. Women First, LLC: Delaware Supreme Court Clarifies the Distinction Between Diagnosis and Etiology Under Rule 702 Supreme Court of Delaware | Decided 18 June 2025 | No. 48, 2024 1....

“Actual-Knowledge” Becomes the Touchstone: Delaware Clarifies Aider-and-Abettor Liability for Acquirers – Commentary on In re Columbia Pipeline Group, Inc. Merger Litigation (Del. Supr. 2025)

Date: Jun 20, 2025

“Actual-Knowledge” Becomes the Touchstone: Delaware Clarifies Aider-and-Abettor Liability for Acquirers Commentary on In re Columbia Pipeline Group, Inc. Merger Litigation, 332 A.3d 349 (Del. Supr....

Clarifying the Dual Strickland-Scarborough Standard: The Delaware Supreme Court’s Decision in Lolley v. State (2025)

Date: Jun 20, 2025

Clarifying the Dual Strickland-Scarborough Standard: The Delaware Supreme Court’s Decision in Lolley v. State (2025) 1. Introduction Lolley v. State is a 2025 ruling of the Delaware Supreme Court...

Mitchell v. Division of Family Services: Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs

Date: Jun 18, 2025

Mitchell v. Division of Family Services Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs Introduction In Mitchell v. Division of Family...

“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements

Date: Jun 18, 2025

“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements 1. Introduction Village Practice Management Company, LLC (“Village”) granted...

The Expanded Reach of Rule 60(b)(3) in Delaware: “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation

Date: Jun 11, 2025

The Expanded Reach of Rule 60(b)(3) in Delaware: “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation 1. Introduction In Erste Asset Management GMBH v. Hees, the...

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Delaware Case Commentaries

From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine) Litigation

Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing

Washington v. State: Temporal-Proximity Sufficiency & the Narrow Scope of Corpus Delicti in Delaware Concealed-Firearm Prosecutions

“More-Than-Enough” Predicate Felonies: Fulton v. State and the Narrow Path to Extraordinary Circumstances under Delaware Rule 35

Statutory Cross-Reference Prevails: How Rembert v. State Clarifies the Violent-Felony Predicate Rule After Subsection Renumbering

“Affirmative Acceptance Equals Waiver” – Delaware Supreme Court Clarifies Counsel-Induced Waiver and Remedies for Discovery Violations in Dillard v. State

Delaware Supreme Court Clarifies the “Closed-Mind” Standard in Sentencing: Moral Condemnation Does Not Equal Judicial Bias – Commentary on Gingerich v. State (2025)

When Silence Is Not Enough: Delaware Supreme Court Narrows the “Inherently Unknowable Injury” Tolling Doctrine in Escheated-Securities Cases – Saunders v. Lightwave Logic, Inc. (2025)

Davis v. State: Delaware Clarifies “Reasonable Means” Under D.R.E. 804(a)(5) and Re-Affirms Forfeiture-by-Wrongdoing

Expanding the “Position of Trust”: Pearson v. State Affirms Volunteer Fire-Service Officers as Authorities under 11 Del. C. § 761(e)(2)

“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects

Scottoline v. Women First, LLC: Delaware Supreme Court Clarifies the Distinction Between Diagnosis and Etiology Under Rule 702

“Actual-Knowledge” Becomes the Touchstone: Delaware Clarifies Aider-and-Abettor Liability for Acquirers – Commentary on In re Columbia Pipeline Group, Inc. Merger Litigation (Del. Supr. 2025)

Clarifying the Dual Strickland-Scarborough Standard: The Delaware Supreme Court’s Decision in Lolley v. State (2025)

Mitchell v. Division of Family Services: Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs

“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements

The Expanded Reach of Rule 60(b)(3) in Delaware: “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation

Dram Shop Immunity Extends to Non-Serving Entities and Limits Restatement §324A Liability

Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion

Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court

Delaware Case Commentaries

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