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  • Commentaries
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Delaware Case Commentaries

Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes

Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes

Date: Aug 7, 2025
Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes 1. Introduction Kirby v. Perkins, Supreme Court...
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors

Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors

Date: Jul 30, 2025
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors Introduction Gustave v. State, No. 382, 2024 (Del....
Ryan v. Sea Colony: Pleading-Stage Burden to Prove Agency When Enforcing Liability Waivers

Ryan v. Sea Colony: Pleading-Stage Burden to Prove Agency When Enforcing Liability Waivers

Date: Jul 29, 2025
Ryan v. Sea Colony (Del. 2025): Delaware Supreme Court Clarifies that Defendants Must Plead—and Ultimately Prove—Agency Before Invoking Third-Party Liability Waivers Introduction Colleen Ryan, a...
No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220

No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220

Date: Jul 29, 2025
No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220 Introduction In Roberta Ann K.W. Wong Leung Revocable Trust U/A Dated 03/09/2018...
“The Prevention Doctrine Meets Auto-Insurance”: A Commentary on Mario De Los Santos v. Allstate Property & Casualty Insurance Co.

“The Prevention Doctrine Meets Auto-Insurance”: A Commentary on Mario De Los Santos v. Allstate Property & Casualty Insurance Co.

Date: Jul 26, 2025
“The Prevention Doctrine Meets Auto-Insurance” Delaware Supreme Court Clarifies Section 3915 and Blocks Insurers from Benefiting from Their Own Premium-Collection Errors Introduction In Mario De Los...
Directory Time Limits and Strict Accountability for Pro Hac Vice Admissions: The Delaware Supreme Court’s Decision in IMO John Du Wors

Directory Time Limits and Strict Accountability for Pro Hac Vice Admissions: The Delaware Supreme Court’s Decision in IMO John Du Wors

Date: Jul 26, 2025
Directory Time Limits and Strict Accountability for Pro Hac Vice Admissions: The Delaware Supreme Court’s Decision in IMO John Du Wors Introduction In In the Matter of John Du Wors, the Delaware...
Origis USA v. Great American Insurance: Reconciling “No-Action” Clauses with Advancement Duties in Indemnity-Only D&O Policies

Origis USA v. Great American Insurance: Reconciling “No-Action” Clauses with Advancement Duties in Indemnity-Only D&O Policies

Date: Jul 24, 2025
Origis USA v. Great American Insurance: Reconciling “No-Action” Clauses with Advancement Duties in Indemnity-Only D&O Policies 1. Introduction In Origis USA LLC v. Great American Insurance Co., No....

        Tisinger v. State: Delaware Supreme Court Re-Affirms the “Bench-Trial Hearsay Presumption” 
        and Refines Brady Disclosure Duties Where Prejudice Is Absent

Tisinger v. State: Delaware Supreme Court Re-Affirms the “Bench-Trial Hearsay Presumption” and Refines Brady Disclosure Duties Where Prejudice Is Absent

Date: Jul 23, 2025
Tisinger v. State: Delaware Supreme Court Re-Affirms the “Bench-Trial Hearsay Presumption” and Refines Brady Disclosure Duties Where Prejudice Is Absent Introduction Dominique Tisinger appealed his...
“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

Date: Jul 15, 2025
“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning Commentary on Gordon v. State (Supreme Court of Delaware, July 14...
“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025)

“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025)

Date: Jul 15, 2025
“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025) Introduction Johnson v. State, No. 320, 2024 (Del. July 14, 2025) tackles a...
From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine) Litigation

From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine) Litigation

Date: Jul 11, 2025
From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine)...
Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing

Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing

Date: Jul 10, 2025
Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing Introduction Barlow v. State, decided by the Supreme Court of Delaware on 8 July...
Washington v. State: Temporal-Proximity Sufficiency & the Narrow Scope of Corpus Delicti in Delaware Concealed-Firearm Prosecutions

Washington v. State: Temporal-Proximity Sufficiency & the Narrow Scope of Corpus Delicti in Delaware Concealed-Firearm Prosecutions

Date: Jul 4, 2025
Washington v. State: Temporal-Proximity Sufficiency & the Narrow Scope of Corpus Delicti in Delaware Concealed-Firearm Prosecutions Introduction On 2 July 2025 the Supreme Court of Delaware affirmed...
“More-Than-Enough” Predicate Felonies: Fulton v. State and the Narrow Path to Extraordinary Circumstances under Delaware Rule 35

“More-Than-Enough” Predicate Felonies: Fulton v. State and the Narrow Path to Extraordinary Circumstances under Delaware Rule 35

Date: Jul 4, 2025
“More-Than-Enough” Predicate Felonies: Fulton v. State and the Narrow Path to Extraordinary Circumstances under Delaware Rule 35 Introduction Fulton v. State, No. 123, 2025, decided by the Supreme...
Statutory Cross-Reference Prevails: How Rembert v. State Clarifies the Violent-Felony Predicate Rule After Subsection Renumbering

Statutory Cross-Reference Prevails: How Rembert v. State Clarifies the Violent-Felony Predicate Rule After Subsection Renumbering

Date: Jul 4, 2025
Statutory Cross-Reference Prevails: How Rembert v. State Clarifies the Violent-Felony Predicate Rule After Subsection Renumbering 1. Introduction The Delaware Supreme Court’s decision in Rembert v....
“Affirmative Acceptance Equals Waiver” – Delaware Supreme Court Clarifies Counsel-Induced Waiver and Remedies for Discovery Violations in Dillard v. State

“Affirmative Acceptance Equals Waiver” – Delaware Supreme Court Clarifies Counsel-Induced Waiver and Remedies for Discovery Violations in Dillard v. State

Date: Jul 4, 2025
“Affirmative Acceptance Equals Waiver” – Delaware Supreme Court Clarifies Counsel-Induced Waiver and Remedies for Discovery Violations in Dillard v. State Introduction In Dillard v. State (Del. Supr....
Delaware Supreme Court Clarifies the “Closed-Mind” Standard in Sentencing: Moral Condemnation Does Not Equal Judicial Bias – Commentary on Gingerich v. State (2025)

Delaware Supreme Court Clarifies the “Closed-Mind” Standard in Sentencing: Moral Condemnation Does Not Equal Judicial Bias – Commentary on Gingerich v. State (2025)

Date: Jul 4, 2025
Delaware Supreme Court Clarifies the “Closed-Mind” Standard in Sentencing: Moral Condemnation Does Not Equal Judicial Bias – Commentary on Gingerich v. State (2025) Introduction Gingerich v. State,...

    When Silence Is Not Enough: Delaware Supreme Court Narrows the
    “Inherently Unknowable Injury” Tolling Doctrine in Escheated-Securities
    Cases – Saunders v. Lightwave Logic, Inc. (2025)

When Silence Is Not Enough: Delaware Supreme Court Narrows the “Inherently Unknowable Injury” Tolling Doctrine in Escheated-Securities Cases – Saunders v. Lightwave Logic, Inc. (2025)

Date: Jul 4, 2025
When Silence Is Not Enough: Delaware Supreme Court Narrows the “Inherently Unknowable Injury” Tolling Doctrine in Escheated-Securities Cases – Saunders v. Lightwave Logic, Inc. (2025) Introduction...
Davis v. State: Delaware Clarifies “Reasonable Means” Under D.R.E. 804(a)(5) and Re-Affirms Forfeiture-by-Wrongdoing

Davis v. State: Delaware Clarifies “Reasonable Means” Under D.R.E. 804(a)(5) and Re-Affirms Forfeiture-by-Wrongdoing

Date: Jun 27, 2025
Davis v. State: Delaware Clarifies “Reasonable Means” Under D.R.E. 804(a)(5) and Re-Affirms Forfeiture-by-Wrongdoing 1. Introduction In Davis v. State, No. 223, 2024 (Del. June 26, 2025), the...
Expanding the “Position of Trust”: Pearson v. State Affirms Volunteer Fire-Service Officers as Authorities under 11 Del. C. § 761(e)(2)

Expanding the “Position of Trust”: Pearson v. State Affirms Volunteer Fire-Service Officers as Authorities under 11 Del. C. § 761(e)(2)

Date: Jun 25, 2025
Expanding the “Position of Trust”: Pearson v. State Affirms Volunteer Fire-Service Officers as Authorities under 11 Del. C. § 761(e)(2) Introduction Pearson v. State, No. 268, 2024 (Del. June 24,...
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