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Delaware Case Commentaries

State v. Spence: Establishing Boundaries for Prosecutorial Use of PowerPoint in Closing Arguments

State v. Spence: Establishing Boundaries for Prosecutorial Use of PowerPoint in Closing Arguments

Date: Nov 14, 2015
State v. Spence: Establishing Boundaries for Prosecutorial Use of PowerPoint in Closing Arguments Introduction In State v. Spence, 129 A.3d 212 (Del. 2015), the Supreme Court of Delaware addressed...
Delaware Supreme Court Affirms Standards for Ineffective Assistance of Counsel in Monroe v. State

Delaware Supreme Court Affirms Standards for Ineffective Assistance of Counsel in Monroe v. State

Date: Mar 26, 2015
Delaware Supreme Court Affirms Standards for Ineffective Assistance of Counsel in Monroe v. State Introduction In Monroe v. State of Delaware, 28 A.3d 418 (Del. 2011), the Delaware Supreme Court...
Delaware Supreme Court Clarifies Voting Agreement Interpretation: Per Share vs. Per Capita Voting Schemes

Delaware Supreme Court Clarifies Voting Agreement Interpretation: Per Share vs. Per Capita Voting Schemes

Date: Dec 10, 2014
Delaware Supreme Court Clarifies Voting Agreement Interpretation: Per Share vs. Per Capita Voting Schemes Introduction In the landmark case of Gary Salamone, Mike Dura, and Robert W. Halder v. John...
Delaware Supreme Court Establishes Business Judgment Rule for Dual Protection Controller Mergers

Delaware Supreme Court Establishes Business Judgment Rule for Dual Protection Controller Mergers

Date: Mar 15, 2014
Delaware Supreme Court Establishes Business Judgment Rule for Dual Protection Controller Mergers Introduction In the landmark case of Alan KAHN, Samuel Pill, Irwin Pill, Rachel Pill, and Charlotte...
Clarifying Equitable Defenses in CEO Removal: Delaware Supreme Court's Decision in Klaassen v. Allegro Development Corporation

Clarifying Equitable Defenses in CEO Removal: Delaware Supreme Court's Decision in Klaassen v. Allegro Development Corporation

Date: Mar 15, 2014
Clarifying Equitable Defenses in CEO Removal: Delaware Supreme Court's Decision in Klaassen v. Allegro Development Corporation Introduction In the landmark case of Klaassen v. Allegro Development...
State's Authority to Subpoena Prison Communications in Witness Tampering Cases: Whitehurst v. State of Delaware

State's Authority to Subpoena Prison Communications in Witness Tampering Cases: Whitehurst v. State of Delaware

Date: Dec 21, 2013
State's Authority to Subpoena Prison Communications in Witness Tampering Cases: Whitehurst v. State of Delaware Introduction Izzy Whitehurst v. State of Delaware (83 A.3d 362, 2013) is a pivotal case...
Delaware Supreme Court Affirms Limits on Implied Covenant and Indemnification in Post-Merger Third-Party Claims

Delaware Supreme Court Affirms Limits on Implied Covenant and Indemnification in Post-Merger Third-Party Claims

Date: Oct 9, 2013
Delaware Supreme Court Affirms Limits on Implied Covenant and Indemnification in Post-Merger Third-Party Claims Introduction The case of Winshall v. Viacom International Inc. and Harmonix Music...
Assessing Prejudice in Ineffective Assistance Claims: Delaware Supreme Court's Ploof Decision

Assessing Prejudice in Ineffective Assistance Claims: Delaware Supreme Court's Ploof Decision

Date: Aug 16, 2013
Assessing Prejudice in Ineffective Assistance Claims: Delaware Supreme Court's Ploof Decision Introduction The case of Gary PLOOF v. STATE of Delaware (75 A.3d 811) represents a significant...
Reaffirming Contractual Duty of Subjective Good Faith in Delaware Limited Partnerships

Reaffirming Contractual Duty of Subjective Good Faith in Delaware Limited Partnerships

Date: Jul 23, 2013
Reaffirming Contractual Duty of Subjective Good Faith in Delaware Limited Partnerships Introduction The case of William Allen v. Encore Energy Partners, L.P. presents a significant affirmation of the...
Implied Covenant of Good Faith Overrides Contractual Provisions in Delaware Limited Partnerships

Implied Covenant of Good Faith Overrides Contractual Provisions in Delaware Limited Partnerships

Date: Jun 11, 2013
Implied Covenant of Good Faith Overrides Contractual Provisions in Delaware Limited Partnerships Introduction In the case of Joel A. Gerber v. Enterprise Products Holdings, LLC et al., decided by the...
Delaware Supreme Court Affirms Contractual Safe Harbor for General Partners in Limited Partnership Mergers

Delaware Supreme Court Affirms Contractual Safe Harbor for General Partners in Limited Partnership Mergers

Date: May 29, 2013
Delaware Supreme Court Affirms Contractual Safe Harbor for General Partners in Limited Partnership Mergers Introduction In the pivotal case of Edward F. Norton, III and Ken Poesl v. K–SEA...
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...
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