Saliba Fee-Shifting Limited: No Attorneys’ Fees for a Standalone Honesty (“Candor”) Breach Yielding Only Nominal Damages Case: Leo Investments Hong Kong Limited v. Tomales Bay Capital Anduril III,...
Delaware Rule 42 Reaffirmed: “Exceptional Circumstances” Required for Interlocutory Review of Rule 23.1 Double‑Derivative Rulings 1. Introduction This Delaware Supreme Court decision arises from an...
Paragon Metals: Anti-Reliance Clauses Do Not Impose a “Reasonable Due Diligence” Duty or Bar Contractual Fraud Absent True Willful Blindness Case: Paragon Metals Holdings, LLC v. Michael J. Smith...
Delaware UCC § 9-108: Collateral Description Need Only Reasonably Identify a Unique Warrant Despite Share-Count Inaccuracy Case: Patterson v. Lady Benjamin PD Cannon, f/k/a Ben Cannon (Del. Supr....
Silva v. State: Plain-Error Review Governs Unpreserved Sufficiency Claims in Rule 26(c) Appeals 1. Introduction In Silva v. State (Del. June 26, 2026), the Delaware Supreme Court considered a direct...
Procedural Due Process in Delaware Administrative Hearings: DOJ Counsel May Not Switch from Advocating for the Agency to Advising the Adjudicator in the Same Case I. Introduction Case: Fasano,...
Clay v. State — Reaffirming Delaware’s “Fair and Just Reason” Standard for Presentence Guilty-Plea Withdrawal Under Rule 32(d) 1. Introduction Clay v. State (Del. June 22, 2026) arose from a...
“As Is, Where Is” Auction Disclaimers Defeat Condition-Based Claims Absent Proof of a Specific Pre-Sale Representation and Reliance Case: Lovett, Charles v. Bayshore Ford Truck Sales, Inc. Court:...
No Strickland Prejudice from Carryover Accomplice-Liability Instruction Expressly Limited to Prior Charges; Sentencing-Factor Objection Requires Outcome-Determinative Prejudice Introduction In...
Delaware Trial Courts May Not Categorically Bar Incarcerated Civil Plaintiffs from Remote Participation and Then Dismiss for Nonappearance; Long-Arm Service by Signed-Receipt Mail Need Not Show...
Delaware Supreme Court Affirms Failure-to-Plan TPR on Rule 26.1(c) No-Merit Appeal When Record Supports Clear-and-Convincing Findings Case: Rooten, Allice v. Department of Family Services for...
Clark v. State: A Time-Limited Cellphone Warrant with a “Pertinent Data” Clause Is Overbroad—Not a General Warrant—So Targeted Digital Evidence Need Not Be Suppressed 1. Introduction In Clark v....
Smith v. State: Retrospective Remorse Is Not Relevant to Mens Rea; “Malicious” in a Jury Instruction May Be Treated as an Ordinary Word 1. Introduction George Smith appealed his Superior Court...
No “Vertical” Separation of Powers: Delaware General Assembly May Reclaim Delegated Zoning Authority and Retroactively Deem Utility Substation Permits Approved Introduction In Town of Fenwick Island...
Velez-Santiago v. State: Post-Guilty-Plea Ineffective Assistance Claims Require Concrete Strickland Prejudice; Alleged Arrest-Warrant Illegality Alone Does Not Undermine a Conviction 1. Introduction...
Rule 42 Timeliness Is Jurisdictional in Practice: A 30‑Day Notice Requirement Bars Belated Interlocutory Appeals 1. Introduction Suppi Construction, Inc. v. Melissa R. Sadowski is a Delaware Supreme...
Post-TPR Improvements Are “Overdue”: Delaware Supreme Court Affirms Failure-to-Plan Termination Under 13 Del. C. § 1103(a)(5)(b) 1. Introduction Millman, Tasha v. DSCYF/DFS TPR is a Delaware Supreme...
Delaware Rule: “Non-Capital” First-Degree Murder Still Sentenced Under § 4209; No Jury-Found Aggravator Needed for Mandatory Life Without Parole 1. Introduction In Cruz-Webster v. State (Del. May 8,...
No Meaningful-Services Error Where the Parent Disengages and Remains Statutorily Ineligible for Placement Under Delaware’s Domestic-Violence Presumption Case: Jake Scott v. Department of Services for...
No Deberry/Lolly Instruction Without a Duty to Collect Third-Party Doorbell Footage; Motions in Limine Cannot Substitute for Dispositive Motions Introduction In Boulden v. State (Del. May 7, 2026),...