Delaware Case Commentaries

Delaware Supreme Court Reinforces the Rigidity of Absolute Privilege in Defamation and Related Tort Claims

Date: Jun 12, 1992

Delaware Supreme Court Reinforces the Rigidity of Absolute Privilege in Defamation and Related Tort Claims Introduction The case of Ellen Barker v. Peter S. Huang and Insurance Corporation of America...

Enforcement of Contractual Accounting Standards: Sonitrol Holding Co. v. Marceau Investissements

Date: May 15, 1992

Enforcement of Contractual Accounting Standards: Sonitrol Holding Co. v. Marceau Investissements Introduction The case of Sonitrol Holding Company v. Marceau Investissements revolved around the...

Breach of Implied Covenant in At-Will Employment: Merrill v. Crothall-American

Date: Apr 22, 1992

Breach of Implied Covenant in At-Will Employment: Merrill v. Crothall-American Introduction The case of Richard L. Merrill v. Crothall-American, Inc. addresses critical issues surrounding the...

Milliken Enterprises v. Stroud: Reinforcing the Business Judgment Rule and Fiduciary Duty of Disclosure in Privately-Held Corporations

Date: Apr 10, 1992

Milliken Enterprises v. Stroud: Reinforcing the Business Judgment Rule and Fiduciary Duty of Disclosure in Privately-Held Corporations Introduction The case of Milliken Enterprises, Inc. v. Stroud...

Enhancing Director Protection: Advancement of Legal Expenses and Entitlement to Prejudgment Interest under Indemnification Agreements

Date: Feb 19, 1992

Enhancing Director Protection: Advancement of Legal Expenses and Entitlement to Prejudgment Interest under Indemnification Agreements 1. Introduction The case of Citadel Holding Corporation v. Alfred...

Reliability of Presentence Reports Affirmed in Mayes v. State

Date: Feb 1, 1992

Reliability of Presentence Reports Affirmed in Mayes v. State Introduction Mayes v. State (604 A.2d 839) is a pivotal decision by the Supreme Court of Delaware rendered on January 31, 1992. The case...

Delaware Supreme Court Clarifies Double Jeopardy in Multiple Convictions: Vicky Chao v. State of Delaware

Date: Jan 30, 1992

Delaware Supreme Court Clarifies Double Jeopardy in Multiple Convictions: Vicky Chao v. State of Delaware Introduction The case of Vicky Chao v. State of Delaware (604 A.2d 1351) presents a...

Mandate of Expert Testimony in Delaware Medical Malpractice: Burkhart v. Davies et al.

Date: Dec 21, 1991

Mandate of Expert Testimony in Delaware Medical Malpractice: Burkhart v. Davies et al. Introduction In the landmark case of Burkhart v. Davies et al., decided by the Supreme Court of Delaware on...

Robinson v. Carriage House Associates: Affirmation of Rule Against Perpetuities in Right of First Refusal

Date: Aug 13, 1991

Robinson v. Carriage House Associates: Affirmation of Rule Against Perpetuities in Right of First Refusal Introduction The case of Robinson v. Carriage House Associates (596 A.2d 1378) adjudicated by...

Delaware Supreme Court Establishes Precedent on Prosecutorial Inferences from Defendant’s Silence

Date: Aug 1, 1991

Delaware Supreme Court Establishes Precedent on Prosecutorial Inferences from Defendant’s Silence Introduction In the landmark case of Rodney Robertson v. State of Delaware (596 A.2d 1345, Supreme...

Adoption of the "Most Significant Relationship" Test Over Lex Loci Delicti in Insurance Contract Actions: Travelers Indemnity Co. v. Lake

Date: Jul 3, 1991

Adoption of the "Most Significant Relationship" Test Over Lex Loci Delicti in Insurance Contract Actions: Travelers Indemnity Co. v. Lake Introduction In Travelers Indemnity Company v. Lake, the...

Affirmation of Confession of Judgment Waiver and Enforceability of Cumulative Liability in Personal Guaranties

Date: May 14, 1991

Affirmation of Confession of Judgment Waiver and Enforceability of Cumulative Liability in Personal Guaranties Introduction The case of Charles M. Pellaton v. The Bank of New York, decided by the...

Judicial Impartiality in the Wake of Adverse Litigation: Insights from Los v. Los

Date: May 9, 1991

Judicial Impartiality in the Wake of Adverse Litigation: Insights from Los v. Los Introduction The case of Simon G. Los v. Catherine L. Los, adjudicated by the Supreme Court of Delaware on May 8,...

Reaffirmation of Pleading Standards and Business Judgment Rule in Delaware Derivative Suits: The Morton Levine Case

Date: Apr 10, 1991

Reaffirmation of Pleading Standards and Business Judgment Rule in Delaware Derivative Suits: The Morton Levine Case Introduction Morton Levine, Plaintiff Below, Appellant, v. Roger B. Smith and...

BAILEY v. STATE of Delaware: Procedural Barriers in Post-Conviction Relief

Date: Apr 9, 1991

BAILEY v. STATE of Delaware: Procedural Barriers in Post-Conviction Relief Introduction In John H. BAILEY v. STATE of Delaware, 588 A.2d 1121 (Del. 1991), the Supreme Court of Delaware addressed a...

Delaware Supreme Court Upholds 'But For' Rule in Proximate Cause Analysis: Culver v. Bennett

Date: Mar 22, 1991

Delaware Supreme Court Upholds 'But For' Rule in Proximate Cause Analysis: Culver v. Bennett Introduction The case of Catherine A. Culver and Glenn Culver v. William Bennett, adjudicated by the...

Preservation of Common Law Jury Deliberative Process: The Rule Against Substituting Alternate Jurors During Deliberations

Date: Jan 23, 1991

Preservation of Common Law Jury Deliberative Process: The Rule Against Substituting Alternate Jurors During Deliberations Introduction Claudio v. State of Delaware is a pivotal case decided by the...

Strict Enforcement of Statutory Appeal Deadlines in Unemployment Insurance Cases: An Analysis of Funk v. Unemployment Insurance Appeal Board

Date: Jan 19, 1991

Strict Enforcement of Statutory Appeal Deadlines in Unemployment Insurance Cases: An Analysis of Funk v. Unemployment Insurance Appeal Board Introduction The case of Mitchell H. Funk v. Unemployment...

Delaware Supreme Court Establishes Mitigating Role of "Guilty but Mentally Ill" Verdict in Death Sentencing

Date: Dec 29, 1990

Delaware Supreme Court Establishes Mitigating Role of "Guilty but Mentally Ill" Verdict in Death Sentencing Introduction In the landmark case of Reginald N. Sanders v. State of Delaware, the Delaware...

Affirmation of Postconviction Relief Denials in RILEY v. STATE: Jurisprudential Insights

Date: Dec 22, 1990

Affirmation of Postconviction Relief Denials in RILEY v. STATE: Jurisprudential Insights Introduction The case of James W. Riley versus the State of Delaware, decided by the Supreme Court of Delaware...

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