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Delaware Case Commentaries

Delaware Upholds Enforceable Good Faith Negotiation Obligations and Expectation Damages: Siga Technologies v. PharmAthene

Delaware Upholds Enforceable Good Faith Negotiation Obligations and Expectation Damages: Siga Technologies v. PharmAthene

Date: May 25, 2013
Delaware Upholds Enforceable Good Faith Negotiation Obligations and Expectation Damages: Siga Technologies v. PharmAthene Introduction In the landmark case of Siga Technologies, Inc. v. PharmAthene,...
Delaware Supreme Court Establishes Clear Standards for Equitable Reformation in Unilateral Mistake Cases

Delaware Supreme Court Establishes Clear Standards for Equitable Reformation in Unilateral Mistake Cases

Date: May 10, 2013
Delaware Supreme Court Establishes Clear Standards for Equitable Reformation in Unilateral Mistake Cases Introduction The case of Scion Breckenridge Managing Member, LLC v. ASB Allegiance Real Estate...
Entire Fairness Fiduciary Duty in LLC Agreements: Gatz v. Auriga

Entire Fairness Fiduciary Duty in LLC Agreements: Gatz v. Auriga

Date: Nov 8, 2012
Entire Fairness Fiduciary Duty in LLC Agreements: Gatz v. Auriga Introduction In the landmark case GATZ PROPERTIES, LLC v. AURIGA CAPITAL CORPORATION, decided by the Supreme Court of Delaware on...
No Adoption of Prison Mailbox Rule: Delaware Supreme Court Reaffirms Strict Appeal Deadlines

No Adoption of Prison Mailbox Rule: Delaware Supreme Court Reaffirms Strict Appeal Deadlines

Date: Jul 11, 2012
No Adoption of Prison Mailbox Rule: Delaware Supreme Court Reaffirms Strict Appeal Deadlines Introduction In the landmark case of Damar Smith v. State of Delaware, decided on July 10, 2012, the...
Mandatory Reporting Limits: Delaware Supreme Court Affirms Superior Court in Gillespie Case

Mandatory Reporting Limits: Delaware Supreme Court Affirms Superior Court in Gillespie Case

Date: Mar 31, 2012
Mandatory Reporting Limits: Delaware Supreme Court Affirms Superior Court in Gillespie Case Introduction The case of Delaware Board of Nursing v. Michele Bice Gillespie (41 A.3d 423) presents a...
Forced Share Conversion Not Part of Liquidation Event: Delaware Supreme Court Affirms Denial of Liquidation Preferences

Forced Share Conversion Not Part of Liquidation Event: Delaware Supreme Court Affirms Denial of Liquidation Preferences

Date: Mar 6, 2012
Forced Share Conversion Not Part of Liquidation Event: Delaware Supreme Court Affirms Denial of Liquidation Preferences Introduction In the case of Alta Berkeley VI C.V., Alta Berkeley VI S by S...
Contract Ambiguity and the Limits of Summary Judgment: Delaware Supreme Court in GMG Capital Investments v. Athenian Venture Partners

Contract Ambiguity and the Limits of Summary Judgment: Delaware Supreme Court in GMG Capital Investments v. Athenian Venture Partners

Date: Jan 4, 2012
Contract Ambiguity and the Limits of Summary Judgment: Delaware Supreme Court in GMG Capital Investments v. Athenian Venture Partners Introduction The case of GMG Capital Investments, LLC v. Athenian...
Sagarra Inversiones v. Cementos Portland Valderrivas: Reaffirming the Internal Affairs Doctrine in Multi-Tier Derivative Actions

Sagarra Inversiones v. Cementos Portland Valderrivas: Reaffirming the Internal Affairs Doctrine in Multi-Tier Derivative Actions

Date: Dec 29, 2011
Sagarra Inversiones v. Cementos Portland Valderrivas: Reaffirming the Internal Affairs Doctrine in Multi-Tier Derivative Actions Introduction Sagarra Inversiones, S.L., a minority shareholder in...
Delaware Supreme Court Upholds Right to Day in Court Despite Procedural Deficiencies under 18 Del. C. § 6853

Delaware Supreme Court Upholds Right to Day in Court Despite Procedural Deficiencies under 18 Del. C. § 6853

Date: Nov 11, 2011
Delaware Supreme Court Upholds Right to Day in Court Despite Procedural Deficiencies under 18 Del. C. § 6853 Introduction In the landmark case of Michael Dishmon, indi v. Dually, decided on November...
Delaware Supreme Court Upholds Superior Court's Decision in TAYLOR v. STATE: Key Insights on Ineffective Assistance of Counsel and Procedural Barriers in Capital Cases

Delaware Supreme Court Upholds Superior Court's Decision in TAYLOR v. STATE: Key Insights on Ineffective Assistance of Counsel and Procedural Barriers in Capital Cases

Date: Oct 26, 2011
Delaware Supreme Court Upholds Superior Court's Decision in TAYLOR v. STATE: Key Insights on Ineffective Assistance of Counsel and Procedural Barriers in Capital Cases Introduction In TAYLOR v. STATE...
Reaffirming the "Conceivability" Pleading Standard in Delaware Contract Law: Central Mortgage Co. v. Morgan Stanley Mortgage Capital Holdings LLC

Reaffirming the "Conceivability" Pleading Standard in Delaware Contract Law: Central Mortgage Co. v. Morgan Stanley Mortgage Capital Holdings LLC

Date: Aug 19, 2011
Reaffirming the "Conceivability" Pleading Standard in Delaware Contract Law: Central Mortgage Co. v. Morgan Stanley Mortgage Capital Holdings LLC Introduction In the pivotal case of Central Mortgage...
Delaware Supreme Court Clarifies 'Good Cause' for Unemployment Benefits in Thompson v. Christiana Care Health System

Delaware Supreme Court Clarifies 'Good Cause' for Unemployment Benefits in Thompson v. Christiana Care Health System

Date: Aug 13, 2011
Delaware Supreme Court Clarifies 'Good Cause' for Unemployment Benefits in Thompson v. Christiana Care Health System Introduction In the case of Linda L. Thompson and Unemployment Insurance Appeal...
Nonfeasance Requires a Special Relationship in Asbestos 'Take-Home' Exposure Claims: Delaware Supreme Court Affirmation

Nonfeasance Requires a Special Relationship in Asbestos 'Take-Home' Exposure Claims: Delaware Supreme Court Affirmation

Date: Jul 12, 2011
Nonfeasance Requires a Special Relationship in Asbestos 'Take-Home' Exposure Claims: Delaware Supreme Court Affirmation Introduction The case of Patricia Price and Bobby Price v. E.I. DuPont de...
Affirmation of Murder Conviction Under Plain Error Standard in Romeo v. Delaware

Affirmation of Murder Conviction Under Plain Error Standard in Romeo v. Delaware

Date: May 14, 2011
Affirmation of Murder Conviction Under Plain Error Standard in Romeo v. Delaware Introduction Courtland Romeo v. State of Delaware (21 A.3d 597, Supreme Court of Delaware, 2011) is a pivotal case...
Delaware Supreme Court Enhances Child Victim's Act: Key Rulings on Expert Testimony and Intentional Torts

Delaware Supreme Court Enhances Child Victim's Act: Key Rulings on Expert Testimony and Intentional Torts

Date: Feb 23, 2011
Delaware Supreme Court Enhances Child Victim's Act: Key Rulings on Expert Testimony and Intentional Torts Introduction In the landmark case Sheehan v. Oblates of St. Francis de Sales, et al., the...
Enforcement of Liability Clauses in Employment Contracts Under Delaware Law

Enforcement of Liability Clauses in Employment Contracts Under Delaware Law

Date: Dec 9, 2010
Enforcement of Liability Clauses in Employment Contracts Under Delaware Law Introduction In the case of Michelle Deuley, Indi v. DynCorp International, Inc., decided by the Supreme Court of Delaware...
Delaware Supreme Court Affirms Tortious Interference Standard: Legal Implications of ASDI, Inc. v. Beard Research, Inc.

Delaware Supreme Court Affirms Tortious Interference Standard: Legal Implications of ASDI, Inc. v. Beard Research, Inc.

Date: Nov 24, 2010
Delaware Supreme Court Affirms Tortious Interference Standard: Legal Implications of ASDI, Inc. v. Beard Research, Inc. Introduction ASDI, Inc., Defendant Below, Appellant, v. Beard Research, Inc....
Delaware Chancery Court Establishes New Precedent on Trade Secret Misappropriation and Fiduciary Duty in CB Research Inc. v. Kates et al.

Delaware Chancery Court Establishes New Precedent on Trade Secret Misappropriation and Fiduciary Duty in CB Research Inc. v. Kates et al.

Date: Apr 24, 2010
Delaware Chancery Court Establishes New Precedent on Trade Secret Misappropriation and Fiduciary Duty in CB Research Inc. v. Kates et al. Introduction In the landmark case of Beard Research, Inc. and...
Implied Covenant of Good Faith in Stock Redemption: Delaware Supreme Court Upholds Contractual Rights in Nemec v. Shrader

Implied Covenant of Good Faith in Stock Redemption: Delaware Supreme Court Upholds Contractual Rights in Nemec v. Shrader

Date: Apr 7, 2010
Implied Covenant of Good Faith in Stock Redemption: Delaware Supreme Court Upholds Contractual Rights in Nemec v. Shrader Introduction In the landmark case of Joseph Nemec et al. v. Ralph W. Shrader...
Delaware Supreme Court Affirms Specific Performance of Holographic Real Estate Contract in Osborn v. Kemp

Delaware Supreme Court Affirms Specific Performance of Holographic Real Estate Contract in Osborn v. Kemp

Date: Mar 26, 2010
Delaware Supreme Court Affirms Specific Performance of Holographic Real Estate Contract in Osborn v. Kemp Introduction The case of The Estate of Lucille Osborn, by and through its...
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