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  • Commentaries
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Delaware Case Commentaries

Delaware Supreme Court Upholds Probable Cause Standards in Child Pornography Search Warrants: Analysis of Sisson v. State

Delaware Supreme Court Upholds Probable Cause Standards in Child Pornography Search Warrants: Analysis of Sisson v. State

Date: Jun 20, 2006
Delaware Supreme Court Upholds Probable Cause Standards in Child Pornography Search Warrants: Analysis of Sisson v. State Introduction Sean M. Sisson, the defendant, was convicted on multiple counts...
Delaware Supreme Court Upholds Directors' Good Faith and Business Judgment in Executive Termination Case

Delaware Supreme Court Upholds Directors' Good Faith and Business Judgment in Executive Termination Case

Date: Jun 9, 2006
Delaware Supreme Court Upholds Directors' Good Faith and Business Judgment in Executive Termination Case Introduction The case of IN RE THE WALT DISNEY COMPANY Derivative Litigation, adjudicated by...
Delaware Supreme Court Upholds Fraud Claims in Corporate-Owned Life Insurance Litigation

Delaware Supreme Court Upholds Fraud Claims in Corporate-Owned Life Insurance Litigation

Date: Jun 7, 2006
Delaware Supreme Court Upholds Fraud Claims in Corporate-Owned Life Insurance Litigation Introduction In the case of Wal-Mart Stores, Inc. v. AIG Life Insurance Company, the Supreme Court of Delaware...
State v. Wilson: Establishing the Distinction Between Illegal Sentences and Illegally Imposed Sentences Under Delaware Rule 61

State v. Wilson: Establishing the Distinction Between Illegal Sentences and Illegally Imposed Sentences Under Delaware Rule 61

Date: May 10, 2006
State v. Wilson: Establishing the Distinction Between Illegal Sentences and Illegally Imposed Sentences Under Delaware Rule 61 Introduction State v. Wilson is a pivotal case adjudicated by the...
Affirmation of Business Judgment Rule and Stockholder Ratification in GM-Hughes Litigation

Affirmation of Business Judgment Rule and Stockholder Ratification in GM-Hughes Litigation

Date: Mar 21, 2006
Affirmation of Business Judgment Rule and Stockholder Ratification in GM-Hughes Litigation Introduction The case In re General Motors (Hughes) Shareholder Litigation, adjudicated by the Supreme Court...
Delaware Supreme Court Upholds Court’s Authority on Substantive Arbitrability in LLC Disputes

Delaware Supreme Court Upholds Court’s Authority on Substantive Arbitrability in LLC Disputes

Date: Mar 15, 2006
Delaware Supreme Court Upholds Court’s Authority on Substantive Arbitrability in LLC Disputes Introduction The case of James Jackson, LLC v. Willie Gary, LLC (906 A.2d 76) adjudicated by the Supreme...
Affirmation of Strict Standards on Proxy Disclosures in Corporate Mergers: In re J.P. Morgan Chase Co. Shareholder Litigation

Affirmation of Strict Standards on Proxy Disclosures in Corporate Mergers: In re J.P. Morgan Chase Co. Shareholder Litigation

Date: Mar 9, 2006
Affirmation of Strict Standards on Proxy Disclosures in Corporate Mergers In re J.P. Morgan Chase Co. Shareholder Litigation Introduction The case of In re J.P. Morgan Chase Co. Shareholder...
Delaware Chancery Court Establishes Limits on Contractual Liability and Upholds Rescission for Intentional Fraud in ABRY Partners v. F W Acquisition

Delaware Chancery Court Establishes Limits on Contractual Liability and Upholds Rescission for Intentional Fraud in ABRY Partners v. F W Acquisition

Date: Feb 15, 2006
Delaware Chancery Court Establishes Limits on Contractual Liability and Upholds Rescission for Intentional Fraud in ABRY Partners v. F W Acquisition Introduction The case of ABRY Partners v. F W...
Delaware Superior Court Establishes Healthcare Providers Cannot Invoke Primary Assumption of Risk in Negligence Claims

Delaware Superior Court Establishes Healthcare Providers Cannot Invoke Primary Assumption of Risk in Negligence Claims

Date: Dec 30, 2005
Delaware Superior Court Establishes Healthcare Providers Cannot Invoke Primary Assumption of Risk in Negligence Claims Introduction The case of JoAnn STORM, indi v. NSL Rockland Place, LLC (C.A. No....
Delaware Supreme Court Affirms Dismissal of Fraud and Breach of Contract Claims in DCV Holdings v. ConAgra et al.

Delaware Supreme Court Affirms Dismissal of Fraud and Breach of Contract Claims in DCV Holdings v. ConAgra et al.

Date: Dec 9, 2005
Delaware Supreme Court Affirms Dismissal of Fraud and Breach of Contract Claims in DCV Holdings v. ConAgra et al. Introduction The case DCV Holdings, Inc. v. ConAgra, Inc., E.I. du Pont de Nemours...
Reaffirmation of Mandatory Advancement of Legal Expenses for Corporate Officials Under DGCL in Homestore v. Tafeen

Reaffirmation of Mandatory Advancement of Legal Expenses for Corporate Officials Under DGCL in Homestore v. Tafeen

Date: Nov 18, 2005
Reaffirmation of Mandatory Advancement of Legal Expenses for Corporate Officials Under DGCL in Homestore v. Tafeen Introduction Homestore, Inc. v. Peter Tafeen (888 A.2d 204), adjudicated by the...
Delaware Supreme Court Establishes Summary Judgment Standard for Unmasking Anonymous Defendants in Defamation Cases

Delaware Supreme Court Establishes Summary Judgment Standard for Unmasking Anonymous Defendants in Defamation Cases

Date: Oct 6, 2005
Delaware Supreme Court Establishes Summary Judgment Standard for Unmasking Anonymous Defendants in Defamation Cases Introduction In John DOE No. 1, Mo v. Patrick CAHILL and Julia Cahill, decided on...
Fiduciary Duties and Executive Compensation: Insights from IN RE THE WALT DISNEY COMPANY DERIVATIVE LITIGATION

Fiduciary Duties and Executive Compensation: Insights from IN RE THE WALT DISNEY COMPANY DERIVATIVE LITIGATION

Date: Aug 10, 2005
Fiduciary Duties and Executive Compensation: Insights from IN RE THE WALT DISNEY COMPANY DERIVATIVE LITIGATION Introduction The case of IN RE THE WALT DISNEY COMPANY DERIVATIVE LITIGATION (907 A.2d...
Delaware Supreme Court Reinforces Appraisal Valuation Standards and Fee-Shifting Principles in Minority Shareholder Litigation

Delaware Supreme Court Reinforces Appraisal Valuation Standards and Fee-Shifting Principles in Minority Shareholder Litigation

Date: Aug 2, 2005
Delaware Supreme Court Reinforces Appraisal Valuation Standards and Fee-Shifting Principles in Minority Shareholder Litigation Introduction The case of Montgomery Cellular Holding Co., Inc., Palmer...
Delaware Supreme Court Limits Advancement Proceedings under DGCL §145 and Affirms Fee Shifting for Bad Faith in Litigation

Delaware Supreme Court Limits Advancement Proceedings under DGCL §145 and Affirms Fee Shifting for Bad Faith in Litigation

Date: Jul 6, 2005
Delaware Supreme Court Limits Advancement Proceedings under DGCL §145 and Affirms Fee Shifting for Bad Faith in Litigation Introduction The case of Thomas T.S. Kaung v. Cole National Corporation...
Implied Covenant of Good Faith and Fair Dealing in Automobile Insurance: Dunlap v. State Farm

Implied Covenant of Good Faith and Fair Dealing in Automobile Insurance: Dunlap v. State Farm

Date: Jul 6, 2005
Implied Covenant of Good Faith and Fair Dealing in Automobile Insurance: Dunlap v. State Farm Introduction In the landmark case of Dunlap v. State Farm Fire and Casualty Company, the Supreme Court of...
Delaware Supreme Court Expands Long Arm Jurisdiction and Reinforces Waiver Standards in AeroGlobal v. Cirrus Industries

Delaware Supreme Court Expands Long Arm Jurisdiction and Reinforces Waiver Standards in AeroGlobal v. Cirrus Industries

Date: Mar 24, 2005
Delaware Supreme Court Expands Long Arm Jurisdiction and Reinforces Waiver Standards in AeroGlobal v. Cirrus Industries Introduction The Delaware Supreme Court's decision in AeroGlobal Capital...
State v. Ortiz: Delaware Supreme Court Upholds Death Sentence and Capital Case Procedural Standards

State v. Ortiz: Delaware Supreme Court Upholds Death Sentence and Capital Case Procedural Standards

Date: Jan 26, 2005
State v. Ortiz: Delaware Supreme Court Upholds Death Sentence and Capital Case Procedural Standards Introduction In the landmark case of State v. Ortiz, the Supreme Court of Delaware reviewed the...
Delaware Supreme Court Reinforces Strict Interpretation of Warrant Anti-Destruction Clauses: Aspen Advisors LLC v. United Artists Theatre Co.

Delaware Supreme Court Reinforces Strict Interpretation of Warrant Anti-Destruction Clauses: Aspen Advisors LLC v. United Artists Theatre Co.

Date: Nov 24, 2004
Delaware Supreme Court Reinforces Strict Interpretation of Warrant Anti-Destruction Clauses: Aspen Advisors LLC v. United Artists Theatre Co. Introduction The case of Aspen Advisors LLC, Heartland...
Delaware Court of Chancery Establishes Enhanced Creditor Rights in Insolvency: PRG v. NCT Group

Delaware Court of Chancery Establishes Enhanced Creditor Rights in Insolvency: PRG v. NCT Group

Date: Nov 18, 2004
Delaware Court of Chancery Establishes Enhanced Creditor Rights in Insolvency: PRG v. NCT Group Introduction In the case of Production Resources Group, L.L.C. (PRG) v. NCT Group, Inc., the Delaware...
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