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  • Commentaries
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Delaware Case Commentaries

Delaware Supreme Court Establishes Stockholder Claims Transfer and Rejects Incorporation by Reference in Urdan v. WR Capital Partners, LLC

Delaware Supreme Court Establishes Stockholder Claims Transfer and Rejects Incorporation by Reference in Urdan v. WR Capital Partners, LLC

Date: Dec 9, 2020
Delaware Supreme Court Establishes Stockholder Claims Transfer and Rejects Incorporation by Reference in Urdan v. WR Capital Partners, LLC Introduction The Delaware Supreme Court, in the case of...
Delaware Supreme Court Reaffirms Reasonable Suspicion in Motor Vehicle Stops: Juliano v. State

Delaware Supreme Court Reaffirms Reasonable Suspicion in Motor Vehicle Stops: Juliano v. State

Date: Nov 13, 2020
Delaware Supreme Court Reaffirms Reasonable Suspicion in Motor Vehicle Stops: Juliano v. State Introduction In the landmark case of Juliano v. State, 254 A.3d 369 (Del. 2020), the Supreme Court of...
Affirming Superior Court's Rejection of Ineffective Assistance Claims in Sierra v. Delaware

Affirming Superior Court's Rejection of Ineffective Assistance Claims in Sierra v. Delaware

Date: Nov 5, 2020
Affirming Superior Court's Rejection of Ineffective Assistance Claims in Sierra v. Delaware Introduction In the landmark case of Sierra v. State of Delaware, 242 A.3d 563 (Del. 2020), the Delaware...
Delaware Supreme Court Excludes Appraisal Actions from 'Securities Claim' in D&O Insurance Policies

Delaware Supreme Court Excludes Appraisal Actions from 'Securities Claim' in D&O Insurance Policies

Date: Oct 24, 2020
Delaware Supreme Court Excludes Appraisal Actions from 'Securities Claim' in D&O Insurance Policies Introduction In the landmark case of In re Solera Insurance Coverage Appeals (240 A.3d 1121), the...
Affirmation of General Release in Auction Terms: Windsor I, LLC v. CWCAPITAL Asset Management LLC

Affirmation of General Release in Auction Terms: Windsor I, LLC v. CWCAPITAL Asset Management LLC

Date: Sep 11, 2020
Affirmation of General Release in Auction Terms: Windsor I, LLC v. CWCAPITAL Asset Management LLC Introduction Windsor I, LLC v. CWCAPITAL Asset Management LLC is a significant judgment delivered by...
Ineffective Assistance of Counsel and Procedural Bar: Insights from Green v. State of Delaware

Ineffective Assistance of Counsel and Procedural Bar: Insights from Green v. State of Delaware

Date: Aug 18, 2020
Ineffective Assistance of Counsel and Procedural Bar: Insights from Green v. State of Delaware Introduction In the landmark case Green v. State of Delaware (238 A.3d 160), the Supreme Court of the...
Delaware Supreme Court Clarifies Fiduciary Duty of Disclosure in Limited Partnership Capital Calls

Delaware Supreme Court Clarifies Fiduciary Duty of Disclosure in Limited Partnership Capital Calls

Date: Jun 24, 2020
Delaware Supreme Court Clarifies Fiduciary Duty of Disclosure in Limited Partnership Capital Calls Introduction In the landmark case of Bert Dohmen v. Albert Goodman (234 A.3d 1161), the Supreme...
Delaware Supreme Court Upholds Federal Forum Provisions in Corporate Charters

Delaware Supreme Court Upholds Federal Forum Provisions in Corporate Charters

Date: Mar 19, 2020
Delaware Supreme Court Upholds Federal Forum Provisions in Corporate Charters Introduction In the landmark case Sciabacucchi v. Salzberg, the Supreme Court of the State of Delaware addressed the...
Delaware Supreme Court Affirms Occurrence Rule in Legal Malpractice: Statute of Limitations Commences Upon Injury

Delaware Supreme Court Affirms Occurrence Rule in Legal Malpractice: Statute of Limitations Commences Upon Injury

Date: Feb 18, 2020
Delaware Supreme Court Affirms Occurrence Rule in Legal Malpractice: Statute of Limitations Commences Upon Injury Introduction The case of ISN Software Corporation v. Richards, Layton & Finger, P.A....
Strict Enforcement of Demand Requirement in Delaware Derivative Actions: McElrath v. Uber Technologies

Strict Enforcement of Demand Requirement in Delaware Derivative Actions: McElrath v. Uber Technologies

Date: Jan 14, 2020
Strict Enforcement of Demand Requirement in Delaware Derivative Actions: McElrath v. Uber Technologies Introduction McElrath v. Uber Technologies, Inc. (224 A.3d 982) is a pivotal case decided by the...
Delaware Supreme Court Clarifies 'Directly Related' Requirement for Rent Increases under Rent Justification Act

Delaware Supreme Court Clarifies 'Directly Related' Requirement for Rent Increases under Rent Justification Act

Date: May 15, 2019
Delaware Supreme Court Clarifies 'Directly Related' Requirement for Rent Increases under Rent Justification Act Introduction The case of Sandhill Acres MHC, LC v. Sandhill Acres Home Owners...
Sunline v. CITGO: Delaware Supreme Court Clarifies Use of Parol Evidence in Contractual Ambiguities

Sunline v. CITGO: Delaware Supreme Court Clarifies Use of Parol Evidence in Contractual Ambiguities

Date: Mar 8, 2019
Sunline v. CITGO: Delaware Supreme Court Clarifies Use of Parol Evidence in Contractual Ambiguities Introduction The case of Sunline Commercial Carriers, Inc. v. CITGO Petroleum Corporation, 206 A.3d...
Delaware Supreme Court Affirms Enforcement of Purchase Agreement Conditions in Real Estate Transactions

Delaware Supreme Court Affirms Enforcement of Purchase Agreement Conditions in Real Estate Transactions

Date: Dec 21, 2018
Delaware Supreme Court Affirms Enforcement of Purchase Agreement Conditions in Real Estate Transactions Introduction In the case of Kamal Bathla v. 913 Market, LLC, the Supreme Court of Delaware...
Delaware Supreme Court Affirms Life Without Parole Post-Rauf in ZEBROSKI v. STATE

Delaware Supreme Court Affirms Life Without Parole Post-Rauf in ZEBROSKI v. STATE

Date: Jan 26, 2018
Delaware Supreme Court Affirms Life Without Parole Post-Rauf in ZEBROSKI v. STATE Introduction The case of Craig A. ZEBROSKI v. STATE of Delaware (179 A.3d 855) presents a pivotal moment in...
Delaware Supreme Court Establishes Requirement for Mortgage Holder to Also Hold the Note to Effectively Foreclose

Delaware Supreme Court Establishes Requirement for Mortgage Holder to Also Hold the Note to Effectively Foreclose

Date: Apr 18, 2017
Delaware Supreme Court Establishes Requirement for Mortgage Holder to Also Hold the Note to Effectively Foreclose Introduction The case of J.M. Shrewsbury, a/k/a J. Michael Shrewsbury, and Kathy...
Delaware Supreme Court Clarifies 'Commercially Reasonable Efforts' Obligations and Burden Allocation in Merger Agreements

Delaware Supreme Court Clarifies 'Commercially Reasonable Efforts' Obligations and Burden Allocation in Merger Agreements

Date: Mar 24, 2017
Delaware Supreme Court Clarifies 'Commercially Reasonable Efforts' Obligations and Burden Allocation in Merger Agreements Introduction The Delaware Supreme Court's decision in The Williams Companies,...
Delaware Supreme Court Establishes Broad Interpretation of Fee-Shifting Provisions in Promissory Notes

Delaware Supreme Court Establishes Broad Interpretation of Fee-Shifting Provisions in Promissory Notes

Date: Feb 28, 2017
Delaware Supreme Court Establishes Broad Interpretation of Fee-Shifting Provisions in Promissory Notes Introduction The case of Joseph L. Washington et al. v. Preferred Communication Systems, Inc....
Delaware Supreme Court Reinforces Strict Criteria for Rule 35(b) Sentence Modifications

Delaware Supreme Court Reinforces Strict Criteria for Rule 35(b) Sentence Modifications

Date: Dec 9, 2016
Delaware Supreme Court Reinforces Strict Criteria for Rule 35(b) Sentence Modifications Introduction In the landmark case State of Delaware v. Catherine W. Culp, reported at 152 A.3d 141, the Supreme...
Delaware's Death Penalty Statute Struck Down for Violating Sixth Amendment Jury Rights

Delaware's Death Penalty Statute Struck Down for Violating Sixth Amendment Jury Rights

Date: Aug 3, 2016
Delaware's Death Penalty Statute Struck Down for Violating Sixth Amendment Jury Rights Introduction In the landmark case of Benjamin Rauf v. State of Delaware (145 A.3d 430), the Supreme Court of...
LTL Acres Limited Partnership v. Butler Manufacturing Co. & Dryvit Systems: Extending the Statute of Limitations for Warranties of Future Performance

LTL Acres Limited Partnership v. Butler Manufacturing Co. & Dryvit Systems: Extending the Statute of Limitations for Warranties of Future Performance

Date: Apr 12, 2016
LTL Acres Limited Partnership v. Butler Manufacturing Co. & Dryvit Systems: Extending the Statute of Limitations for Warranties of Future Performance Introduction The case of LTL Acres Limited...
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