Delaware Case Commentaries

Delaware Supreme Court Affirms Waiver of Appraisal Rights in Stockholders' Agreements

Date: Sep 14, 2021

Delaware Supreme Court Affirms Waiver of Appraisal Rights in Stockholders' Agreements Introduction In the landmark case of Manti Holdings, LLC, et al. v. Authentix Acquisition Company, Inc., the...

Expanding the Scope of Legal Malpractice Claims in Delaware: Country Life Homes, LLC v. GSBB

Date: Aug 17, 2021

Expanding the Scope of Legal Malpractice Claims in Delaware: Country Life Homes, LLC v. GSBB Introduction The case of Country Life Homes, LLC; Hearthstone Manor I, LLC; Hearthstone Manor II, LLC;...

Establishing the 'Actual Innocence' Exception: Insights from Mark Purnell v. State of Delaware

Date: Jun 18, 2021

Establishing the 'Actual Innocence' Exception: Insights from Mark Purnell v. State of Delaware Introduction The case of Mark Purnell v. State of Delaware presents a pivotal moment in Delaware's...

Delaware Supreme Court Establishes Limitations on Rent Increases for Capital Improvements in Manufactured Home Communities

Date: May 8, 2021

Delaware Supreme Court Establishes Limitations on Rent Increases for Capital Improvements in Manufactured Home Communities Introduction In the landmark case of Rehoboth Bay Homeowners' Association v....

Authority of Arbitrators to Compel Discovery and Impose Confidentiality Agreements under Delaware's Rent Justification Act

Date: Apr 15, 2021

Authority of Arbitrators to Compel Discovery and Impose Confidentiality Agreements under Delaware's Rent Justification Act Introduction The case of Wild Meadows MHC, LLC v. David J. Weidman, Esquire,...

Delaware Supreme Court Upholds Strict Interpretation of Chain of Custody in Controlled-Substance Cases: Hairston v. State of Delaware

Date: Mar 20, 2021

Delaware Supreme Court Upholds Strict Interpretation of Chain of Custody in Controlled-Substance Cases: Hairston v. State of Delaware Introduction In the landmark case of Stephen Hairston, Defendant...

Enforcement of Express Terms Over Implied Covenants in Patent Settlement Agreements

Date: Mar 4, 2021

Enforcement of Express Terms Over Implied Covenants in Patent Settlement Agreements Introduction In the landmark case Glaxo Group Limited and Human Genome Sciences, Inc. v. DRIT LP (248 A.3d 911),...

Delaware Supreme Court Confirms Delaware Law Governs D&O Policies and Upholds Coverage for Fraud Allegations

Date: Mar 4, 2021

Delaware Supreme Court Confirms Delaware Law Governs D&O Policies and Upholds Coverage for Fraud Allegations Introduction In the landmark case of RSUI Indemnity Company v. David H. Murdock and Dole...

Reaffirmation of the 'Collective Knowledge' Doctrine and Limitation of the 'Four Corners' Test in Delaware Vehicle Stops

Date: Jan 7, 2021

Reaffirmation of the 'Collective Knowledge' Doctrine and Limitation of the 'Four Corners' Test in Delaware Vehicle Stops Introduction The Delaware Supreme Court's decision in Thomas Gordon v. State...

AmerisourceBergen v. Lebanon County Employees' Retirement Fund: Affirmation of Proper Purpose in Section 220 Inspection Demands

Date: Dec 11, 2020

AmerisourceBergen v. Lebanon County Employees' Retirement Fund: Affirmation of Proper Purpose in Section 220 Inspection Demands Introduction In the case of AmerisourceBergen Corporation v. Lebanon...

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

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

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

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

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

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

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

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

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

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...