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Delaware Case Commentaries

EMERALD PARTNERS v. BERLIN: Establishing Standards for Entire Fairness and Disclosure in Corporate Mergers

EMERALD PARTNERS v. BERLIN: Establishing Standards for Entire Fairness and Disclosure in Corporate Mergers

Date: Mar 17, 1999
EMERALD PARTNERS v. BERLIN: Establishing Standards for Entire Fairness and Disclosure in Corporate Mergers Introduction EMERALD PARTNERS v. BERLIN, Da is a pivotal case decided by the Supreme Court...
Direct Claims in Mergers: The Parnes v. Bally Entertainment Decision

Direct Claims in Mergers: The Parnes v. Bally Entertainment Decision

Date: Jan 26, 1999
Direct Claims in Mergers: The Parnes v. Bally Entertainment Decision Introduction The legal landscape surrounding corporate mergers often hinges on the nuances of shareholder claims and the standing...
Delaware Supreme Court Expands Fiduciary Duty of Disclosure Beyond Shareholder Action Requests

Delaware Supreme Court Expands Fiduciary Duty of Disclosure Beyond Shareholder Action Requests

Date: Dec 19, 1998
Delaware Supreme Court Expands Fiduciary Duty of Disclosure Beyond Shareholder Action Requests Introduction The landmark case of Malone v. Brincat et al. (722 A.2d 5), adjudicated by the Supreme...
Affirmation of Postconviction Relief Denial in OUTTEN v. STATE of Delaware

Affirmation of Postconviction Relief Denial in OUTTEN v. STATE of Delaware

Date: Nov 20, 1998
Affirmation of Postconviction Relief Denial in OUTTEN v. STATE of Delaware Introduction The case of Jack Foster Outten, Jr. v. State of Delaware (720 A.2d 547) presents a pivotal examination of...
Affirmation of Attorneys' Fees Award Under the Bad Faith Exception to the American Rule

Affirmation of Attorneys' Fees Award Under the Bad Faith Exception to the American Rule

Date: Nov 20, 1998
Affirmation of Attorneys' Fees Award Under the Bad Faith Exception to the American Rule Introduction The case of H. Frederick Johnston, Sandra Spillane, and Technicorp International II, Inc. v....
Enforceability of Compensation Agreements Post-Death: Insights from Anchor Motor Freight v. Ciabattoni

Enforceability of Compensation Agreements Post-Death: Insights from Anchor Motor Freight v. Ciabattoni

Date: Aug 13, 1998
Enforceability of Compensation Agreements Post-Death: Insights from Anchor Motor Freight v. Ciabattoni Introduction The case of Anchor Motor Freight, Employer/Appellant, v. Michael Ciabattoni, Sr.,...
Delaware Supreme Court Establishes Criteria for Missing Evidence Instructions in Criminal Trials

Delaware Supreme Court Establishes Criteria for Missing Evidence Instructions in Criminal Trials

Date: May 15, 1998
Delaware Supreme Court Establishes Criteria for Missing Evidence Instructions in Criminal Trials Introduction In the landmark case of Jameel J. Lunnon v. State of Delaware, 710 A.2d 197 (Del. 1998),...
Strict Interpretation of Noncompete Clauses in Limited Partnership Agreements: Insights from Cincinnati SMSA Ltd. Partnership v. Cincinnati Bell Cellular Systems Co.

Strict Interpretation of Noncompete Clauses in Limited Partnership Agreements: Insights from Cincinnati SMSA Ltd. Partnership v. Cincinnati Bell Cellular Systems Co.

Date: May 1, 1998
Strict Interpretation of Noncompete Clauses in Limited Partnership Agreements: Insights from Cincinnati SMSA Ltd. Partnership v. Cincinnati Bell Cellular Systems Co. Introduction The case of...
Strengthening Proximate Cause Requirements in Crashworthiness Claims: Mazda Motor Corp. v. Jenna Lindahl

Strengthening Proximate Cause Requirements in Crashworthiness Claims: Mazda Motor Corp. v. Jenna Lindahl

Date: Mar 4, 1998
Strengthening Proximate Cause Requirements in Crashworthiness Claims: Mazda Motor Corp. v. Jenna Lindahl Introduction The case of Mazda Motor Corporation v. Jenna Lindahl, adjudicated by the Supreme...
Brett v. Berkowitz: Affirming Limitations on Discovery and Private Causes of Action in Legal Malpractice

Brett v. Berkowitz: Affirming Limitations on Discovery and Private Causes of Action in Legal Malpractice

Date: Feb 28, 1998
Brett v. Berkowitz: Affirming Limitations on Discovery and Private Causes of Action in Legal Malpractice Introduction Brett v. Berkowitz, 706 A.2d 509 (Del. 1998), is a landmark case adjudicated by...
Delaware Supreme Court Clarifies Libel Claims Against Corporations and Media Under Rule 12(b)(6) in Ramunno v. Cawley

Delaware Supreme Court Clarifies Libel Claims Against Corporations and Media Under Rule 12(b)(6) in Ramunno v. Cawley

Date: Jan 23, 1998
Delaware Supreme Court Clarifies Libel Claims Against Corporations and Media Under Rule 12(b)(6) in Ramunno v. Cawley Introduction In the landmark case of Ramunno v. Cawley, the Supreme Court of...
Deference to Jury Awards in Damages Assessment: Insights from Young v. Frase, Sr.

Deference to Jury Awards in Damages Assessment: Insights from Young v. Frase, Sr.

Date: Nov 27, 1997
Deference to Jury Awards in Damages Assessment: Insights from Young v. Frase, Sr. Introduction The case of Virginia M. Young, as Executrix of the Estate of Jeffrey W. Young v. Leroy Frase, Sr. and...
Delaware Supreme Court Establishes Clarity on Indemnification Clause Ambiguity

Delaware Supreme Court Establishes Clarity on Indemnification Clause Ambiguity

Date: Nov 26, 1997
Delaware Supreme Court Establishes Clarity on Indemnification Clause Ambiguity Introduction In the landmark case of Eagle Industries, Inc. v. DeVILBISS Health Care, Inc., the Supreme Court of...
Affirmation of Sole Liability under Proximate Causation: Insights from Delaware Supreme Court in Duphily v. Delaware Electric Cooperative, Inc.

Affirmation of Sole Liability under Proximate Causation: Insights from Delaware Supreme Court in Duphily v. Delaware Electric Cooperative, Inc.

Date: Nov 21, 1997
Affirmation of Sole Liability under Proximate Causation: Insights from Delaware Supreme Court in Duphily v. Delaware Electric Cooperative, Inc. Introduction The case of Duphily v. Delaware Electric...
Ineffective Assistance of Counsel in Guilty Plea Proceedings: Delaware Supreme Court's Affirmation in Somerville v. State

Ineffective Assistance of Counsel in Guilty Plea Proceedings: Delaware Supreme Court's Affirmation in Somerville v. State

Date: Oct 24, 1997
Ineffective Assistance of Counsel in Guilty Plea Proceedings: Delaware Supreme Court's Affirmation in Somerville v. State Introduction The case of Richard Y. Somerville v. State of Delaware (703 A.2d...
Loudon v. Archer-Daniels-Midland Co.: Clarifying Damages for Director Disclosure Breaches

Loudon v. Archer-Daniels-Midland Co.: Clarifying Damages for Director Disclosure Breaches

Date: Sep 18, 1997
Loudon v. Archer-Daniels-Midland Co.: Clarifying Damages for Director Disclosure Breaches Introduction Donald H. Loudon, Jr. v. Archer-Daniels-Midland Company is a seminal case adjudicated by the...
Delaware Supreme Court Clarifies Standards for Wrongful Refusal of Pre-Suit Demand in Derivative Actions

Delaware Supreme Court Clarifies Standards for Wrongful Refusal of Pre-Suit Demand in Derivative Actions

Date: Sep 5, 1997
Delaware Supreme Court Clarifies Standards for Wrongful Refusal of Pre-Suit Demand in Derivative Actions Introduction The Delaware Supreme Court's decision in Scattered Corporation v. Chicago Stock...
Delaware Supreme Court Establishes 'Per Accident' Limit for Uninsured Motorist Benefits in Wrongful Death Claims

Delaware Supreme Court Establishes 'Per Accident' Limit for Uninsured Motorist Benefits in Wrongful Death Claims

Date: Jul 31, 1997
Delaware Supreme Court Establishes 'Per Accident' Limit for Uninsured Motorist Benefits in Wrongful Death Claims Introduction The case of Roberta J. Emmons v. Hartford Underwriters Insurance Company...
Affirmation of Delaware's Jury Instructions on "Guilty But Mentally Ill" Verdict: Insights from STATE v. AIZUPITIS

Affirmation of Delaware's Jury Instructions on "Guilty But Mentally Ill" Verdict: Insights from STATE v. AIZUPITIS

Date: Jul 23, 1997
Affirmation of Delaware's Jury Instructions on "Guilty But Mentally Ill" Verdict: Insights from STATE v. AIZUPITIS Introduction STATE v. AIZUPITIS, 699 A.2d 1092 (Del. 1997), is a pivotal case...
Reinforcing Standards for Effective Counsel and Death-Qualified Juries in Capital Sentencing: Gattis v. Delaware

Reinforcing Standards for Effective Counsel and Death-Qualified Juries in Capital Sentencing: Gattis v. Delaware

Date: Jul 11, 1997
Reinforcing Standards for Effective Counsel and Death-Qualified Juries in Capital Sentencing: Gattis v. Delaware Introduction In the landmark case of Robert Allen GATTIS v. STATE of Delaware, 697...
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