Delaware Case Commentaries

Delaware Supreme Court Establishes Equitable Allocation Standards in Shareholder Class Actions

Date: Feb 4, 2009

Delaware Supreme Court Establishes Equitable Allocation Standards in Shareholder Class Actions Introduction In the landmark case of William Schultz, et al. v. Chuck Ginsburg, and Philadelphia Stock...

Strengthening Fiduciary Accountability: Delaware Supreme Court's Decision in Gantler v. Stephens

Date: Jan 28, 2009

Strengthening Fiduciary Accountability: Delaware Supreme Court's Decision in Gantler v. Stephens Introduction In Gantler v. Stephens, 965 A.2d 695 (Del. 2009), the Delaware Supreme Court addressed...

Affirmation of Fiduciary Duty Standards in Class Actions: Be v. Pfeffer, 965 A.2d 676 (Del. 2009)

Date: Jan 24, 2009

Affirmation of Fiduciary Duty Standards in Class Actions: Be v. Pfeffer, 965 A.2d 676 (Del. 2009) Introduction In Be v. Pfeffer, 965 A.2d 676 (Del. 2009), the Supreme Court of Delaware addressed...

Delaware Supreme Court Reaffirms Use of Prior Dependency Proceedings Under Clear and Convincing Evidence in Termination of Parental Rights: Powell v. DSCYF

Date: Dec 23, 2008

Delaware Supreme Court Reaffirms Use of Prior Dependency Proceedings Under Clear and Convincing Evidence in Termination of Parental Rights: Powell v. DSCYF Introduction The case of Amy Powell v....

Enhanced Scrutiny on Reasonable Suspicion: Lopez-Vazquez v. State of Delaware

Date: Aug 30, 2008

Enhanced Scrutiny on Reasonable Suspicion: Lopez-Vazquez v. State of Delaware Introduction Jose Lopez-Vazquez v. State of Delaware is a landmark decision by the Supreme Court of Delaware, adjudicated...

Revel v. State of Delaware: Affirmation of Mistrial Denial in Context of Fifth Amendment Rights

Date: Aug 8, 2008

Revel v. State of Delaware: Affirmation of Mistrial Denial in Context of Fifth Amendment Rights Introduction Revel v. State of Delaware is a seminal case adjudicated by the Supreme Court of Delaware...

Affirmation of Demand Futility in Derivative Actions: Paddy Wood v. Charles C. Baum et al.

Date: Jul 2, 2008

Affirmation of Demand Futility in Derivative Actions: Paddy Wood v. Charles C. Baum et al. Introduction In the landmark case Paddy Wood, Plaintiff Below, Appellant, v. Charles C. Baum et al., the...

Feldman v. Cutaia et al.: Affirming Derivative Standing Post-Merger

Date: May 31, 2008

Feldman v. Cutaia et al.: Affirming Derivative Standing Post-Merger Introduction In the landmark case of Peter Feldman, Plaintiff Below, Appellant, v. Rory J. Cutaia, Steven J. Kumble, Jonathan...

Delaware Supreme Court Clarifies 'Economic Position' in Stock Option Plans During Cash-Out Mergers

Date: May 23, 2008

Delaware Supreme Court Clarifies 'Economic Position' in Stock Option Plans During Cash-Out Mergers Introduction The case of ATT Corp. v. Charles Lillis et al. presents a pivotal moment in Delaware...

Strict Fourth Amendment Standards for Traffic Stops Established in Ke v. McDonald

Date: May 3, 2008

Strict Fourth Amendment Standards for Traffic Stops Established in Ke v. McDonald Introduction In the landmark case of Ke v. McDonald, decided on May 2, 2008, the Supreme Court of Delaware addressed...

Delaware Supreme Court Upholds Limitations on Directors' Equitable Standing in Derivative Suits

Date: Feb 13, 2008

Delaware Supreme Court Upholds Limitations on Directors' Equitable Standing in Derivative Suits Introduction In the case of Richard W. Schoon v. Daryl D. Smith, John F. Beckert, Mark C. Gwillim,...

Resolving Ambiguity in Merger Contracts: The Limits of Specific Performance in United Rentals, Inc. v. RAM Holdings, Inc.

Date: Dec 22, 2007

Resolving Ambiguity in Merger Contracts: The Limits of Specific Performance in United Rentals, Inc. v. RAM Holdings, Inc. Introduction The case of United Rentals, Inc. v. RAM Holdings, Inc. (937 A.2d...

Delaware Supreme Court Establishes Mailing Date as Triggering Event for Statute of Limitations in Workers' Compensation Cases

Date: Dec 6, 2007

Mailing Date as Trigger for Statute of Limitations in Delaware Workers' Compensation: LeVan v. Independence Mall Introduction Joseph LeVan, an employee of Independence Mall, Inc., suffered a...

Delaware Chancery Court Sets New Standards in Shareholder Derivative Litigation: In Re Tyson Foods, Inc. Consolidated Shareholder Litigation

Date: Feb 7, 2007

Delaware Chancery Court Sets New Standards in Shareholder Derivative Litigation: In Re Tyson Foods, Inc. Consolidated Shareholder Litigation Introduction In In re Tyson Foods, Inc. Consolidated...

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