Delaware Case Commentaries

Delaware Supreme Court Establishes No Fiduciary Duty for Non-Profit Health Insurers

Date: Sep 23, 2003

Delaware Supreme Court Establishes No Fiduciary Duty for Non-Profit Health Insurers Introduction In the landmark case of Kester Crosse, Individually and on Behalf of All Others Similarly Situated v....

Best Interests of the Child Must Be Explicitly Considered in Custody Modifications: Harper v. Harper

Date: Jun 24, 2003

Best Interests of the Child Must Be Explicitly Considered in Custody Modifications: Harper v. Harper Introduction In the case of Mark A. Harper v. Carolyn Harper, decided by the Supreme Court of...

Encorp LLC v. H-M Wexford LLC: Establishing the Limits of Integration Clauses and the Protection of Directors Under the Business Judgment Rule

Date: May 28, 2003

Encorp LLC v. H-M Wexford LLC: Establishing the Limits of Integration Clauses and the Protection of Directors Under the Business Judgment Rule Introduction The case of H-M Wexford LLC v. Encorp, Inc....

Guttman v. Ltuang et al. (823 A.2d 492): Reaffirming Strict Pleading Standards for Demand Excusal in Delaware

Date: May 6, 2003

Guttman v. Ltuang et al. (823 A.2d 492): Reaffirming Strict Pleading Standards for Demand Excusal in Delaware Introduction The case of Guttman v. Ltuang et al. addresses critical issues surrounding...

Delaware Supreme Court Clarifies 'In Furtherance of' Requirement in Felony Murder for Burglary-related Cases

Date: Dec 14, 2002

Delaware Supreme Court Clarifies 'In Furtherance of' Requirement in Felony Murder for Burglary-related Cases Introduction The Supreme Court of Delaware, in the case of Joseph Williams v. State of...

Reaffirming Notice Pleading Standards in Trade Secret Misappropriation Claims: Savor, Inc. v. FMR Corp.

Date: Nov 26, 2002

Reaffirming Notice Pleading Standards in Trade Secret Misappropriation Claims: Savor, Inc. v. FMR Corp. Introduction The case of Savor, Inc. v. FMR Corp. addresses critical issues surrounding the...

Limiting Arbitration Clauses to Contractual Rights: Delaware Supreme Court's Decision in Parfi Holding AB v. Mirror Image Internet, Inc.

Date: Nov 5, 2002

Limiting Arbitration Clauses to Contractual Rights: Delaware Supreme Court's Decision in Parfi Holding AB v. Mirror Image Internet, Inc. Introduction The Delaware Supreme Court's decision in Parfi...

Contractually Created Fiduciary Duties in Limited Partnerships: GOTHAM PARTNERS v. HALLWOOD REALTY Partners

Date: Aug 30, 2002

Contractually Created Fiduciary Duties in Limited Partnerships: GOTHAM PARTNERS v. HALLWOOD REALTY Partners Introduction The case of Gotham Partners, L.P. v. Hallwood Realty Partners, L.P. (817 A.2d...

Delaware Supreme Court Clarifies Indemnification Scope and Statute of Limitations in Officer/Director Indemnification Claims

Date: Jun 14, 2002

Delaware Supreme Court Clarifies Indemnification Scope and Statute of Limitations in Officer/Director Indemnification Claims Introduction In the landmark case of Stifel Financial Corporation v....

Delaware Supreme Court Sets New Standards on Directors' Fiduciary Duties and Summary Judgment in Derivative Actions

Date: Jun 8, 2002

Delaware Supreme Court Sets New Standards on Directors' Fiduciary Duties and Summary Judgment in Derivative Actions Introduction Telxon Corporation v. Robert F. Meyerson et al. is a landmark case...

Delaware Supreme Court Upholds Rule 35(b) Authority to Modify Sentences Post-Expiration Under Extraordinary Circumstances

Date: May 17, 2002

Delaware Supreme Court Upholds Rule 35(b) Authority to Modify Sentences Post-Expiration Under Extraordinary Circumstances Introduction In the landmark case of State of Delaware v. Roy Lewis, the...

Capital Sentencing and Allocution: Analyzing the Supreme Court of Delaware's Affirmation in Thomas J. CAPANO v. STATE of Delaware

Date: Aug 11, 2001

Capital Sentencing and Allocution: Analyzing the Supreme Court of Delaware's Affirmation in Thomas J. CAPANO v. STATE of Delaware Introduction The Supreme Court of Delaware convened to hear the...

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Delaware Case Commentaries

Delaware Supreme Court Establishes No Fiduciary Duty for Non-Profit Health Insurers

Best Interests of the Child Must Be Explicitly Considered in Custody Modifications: Harper v. Harper

Encorp LLC v. H-M Wexford LLC: Establishing the Limits of Integration Clauses and the Protection of Directors Under the Business Judgment Rule

Guttman v. Ltuang et al. (823 A.2d 492): Reaffirming Strict Pleading Standards for Demand Excusal in Delaware

Delaware Supreme Court Clarifies 'In Furtherance of' Requirement in Felony Murder for Burglary-related Cases

Reaffirming Notice Pleading Standards in Trade Secret Misappropriation Claims: Savor, Inc. v. FMR Corp.

Limiting Arbitration Clauses to Contractual Rights: Delaware Supreme Court's Decision in Parfi Holding AB v. Mirror Image Internet, Inc.

Contractually Created Fiduciary Duties in Limited Partnerships: GOTHAM PARTNERS v. HALLWOOD REALTY Partners

Delaware Supreme Court Clarifies Indemnification Scope and Statute of Limitations in Officer/Director Indemnification Claims

Delaware Supreme Court Sets New Standards on Directors' Fiduciary Duties and Summary Judgment in Derivative Actions

Delaware Supreme Court Upholds Rule 35(b) Authority to Modify Sentences Post-Expiration Under Extraordinary Circumstances

Reformation of Merger Agreements: Delaware Supreme Court Sets New Precedent

Delaware Court Reaffirms Fiduciary Duty Standards in Orman v. Cullman

EMERALD PARTNERS v. BERLIN: Clarifying the Entire Fairness Standard in the Context of Section 102(b)(7) Provisions

Clarifying 'Repair or Replace' Clauses: O’Brien v. Progressive Northern Affirms Exclusion of Diminished Value

Affirmation of Business Judgment Rule in Derivative Suit: White v. Panic

Caldwell v. State of Delaware: Establishing Limits on Pretextual Traffic Stops and the Exclusionary Rule

Delaware Supreme Court Affirms Exculpatory Charter Provisions in Merger-Related Fiduciary Duty Claims

Reasonableness of Warrantless Searches Under the Fourth Amendment: Hunter v. State of Delaware

Capital Sentencing and Allocution: Analyzing the Supreme Court of Delaware's Affirmation in Thomas J. CAPANO v. STATE of Delaware