Delaware Case Commentaries

Reaffirming Finality and Non-Retroactivity in Criminal Postconviction Relief: State v. Flamer

Date: Dec 22, 1990

Reaffirming Finality and Non-Retroactivity in Criminal Postconviction Relief: State v. Flamer Introduction In the case of William Henry FLAMER v. STATE of Delaware (585 A.2d 736), the Supreme Court...

Browne v. Robb: Affirmation of Qualified Immunity for Court-Appointed Counsel

Date: Nov 6, 1990

Browne v. Robb: Affirmation of Qualified Immunity for Court-Appointed Counsel Introduction Browne v. Robb, 583 A.2d 949 (Del. 1990), is a seminal case adjudicated by the Supreme Court of Delaware...

Strict Construction of Stock Preferences Confirmed in Waggoner v. Laster (1990)

Date: Oct 16, 1990

Strict Construction of Stock Preferences Confirmed in Waggoner v. Laster (1990) Introduction The case of Thomas R. Waggoner and Patricia L. Waggoner v. LaMar F. Laster et al., decided by the Supreme...

Application and Interpretation of Superior Court Criminal Rule 61 in Postconviction Relief: YOUNGER v. STATE of Delaware

Date: Jul 28, 1990

Application and Interpretation of Superior Court Criminal Rule 61 in Postconviction Relief: YOUNGER v. STATE of Delaware Introduction Thomas B. Younger, the defendant, appeals pro se following the...

Reaffirming Unocal's Enhanced Scrutiny in Antitakeover Defense: El Paso v. The El Paso Co.

Date: May 17, 1990

Reaffirming Unocal's Enhanced Scrutiny in Antitakeover Defense: El Paso v. The El Paso Co. Introduction The case of Peter Gilbert, William Steiner, and Herbert Breitman, as sole Trustee of Ed...

Prejudicial Discovery Violations: Reversal of Conviction Due to Non-Disclosure of Co-Defendant Statements

Date: May 12, 1990

Prejudicial Discovery Violations: Reversal of Conviction Due to Non-Disclosure of Co-Defendant Statements Introduction The case of Edward L. Skinner, Alan T. Brooks, and Edward E. Sanders v. State of...

Delaware Supreme Court Affirmation of Business Judgment Rule in Derivative Actions

Date: Mar 20, 1990

Delaware Supreme Court Affirms Business Judgment Rule in Derivative Suits Following Proper Demand Procedures Introduction The case of Ted Spiegel v. Waste Management, Inc. (1990) serves as a pivotal...

Affirmation of Reasonable Suspicion Based on Multiple Informant Tips: State v. Downs

Date: Jan 12, 1990

Affirmation of Reasonable Suspicion Based on Multiple Informant Tips: State v. Downs Introduction State v. Phillip W. Downs is a pivotal case decided by the Supreme Court of Delaware on January 11,...

Reaffirmation of the Business Judgment Rule in Takeover Decisions: Citron v. Fairchild (1989)

Date: Dec 23, 1989

Reaffirmation of the Business Judgment Rule in Takeover Decisions: Citron v. Fairchild (1989) Introduction In CITRON v. FAIRCHILD CAMERA AND INSTRUMENT CORPORATION, 569 A.2d 53 (Del. 1989), the...

Amsted Industries Settlement Approval: Upholding Fiduciary Duties and Settlement Fairness

Date: Dec 19, 1989

Amsted Industries Settlement Approval: Upholding Fiduciary Duties and Settlement Fairness 1. Introduction The case of Leonard Barkan v. Amsted Industries, Inc. is a significant judicial decision...

Enforcement of Mandatory Arbitration Clauses in Insurance Policies Under Delaware Law

Date: Oct 17, 1989

Enforcement of Mandatory Arbitration Clauses in Insurance Policies Under Delaware Law Introduction The case of George Graham and Mary Jane Graham v. State Farm Mutual Automobile Insurance Company...

Adoption of the 'Usual Exertion' Rule in Workmen's Compensation Law: Reversing the 'Unusual Exertion' Standard in Duvall v. Charles Connell Roofing

Date: Sep 13, 1989

Adoption of the 'Usual Exertion' Rule in Workmen's Compensation Law: Reversing the 'Unusual Exertion' Standard in Duvall v. Charles Connell Roofing Introduction The case of William R. Duvall, Jr. v....

Delaware Supreme Court Establishes Preservation of Corporate Opportunity Claims in Appraisal Proceedings

Date: Sep 6, 1989

Delaware Supreme Court Establishes Preservation of Corporate Opportunity Claims in Appraisal Proceedings Introduction The case of Cavalier Oil Corporation v. William J. Harnett (564 A.2d 1137,...

Delaware Supreme Court Affirms Defensive Measures in Time Inc. v. Paramount Communications: Clarifying Unocal and Revlon Duties

Date: Jul 25, 1989

Delaware Supreme Court Affirms Defensive Measures in Time Inc. v. Paramount Communications: Clarifying Unocal and Revlon Duties Introduction In the landmark case of Time Inc. v. Paramount...

Recognition of Individual Shareholder’s Right to Counsel Fees for Corporate Benefit in Litigation

Date: Jul 4, 1989

Recognition of Individual Shareholder’s Right to Counsel Fees for Corporate Benefit in Litigation Introduction The landmark case of Tandycrafts, Inc., et al. v. Initio Partners (562 A.2d 1162)...

Entire Fairness in Corporate Control Auctions: Delaware Supreme Court's Decision in Mills Acquisition Co. v. Macmillan, Inc.

Date: May 4, 1989

Entire Fairness in Corporate Control Auctions: Delaware Supreme Court's Decision in Mills Acquisition Co. v. Macmillan, Inc. Introduction In Mills Acquisition Co., a Delaware Corporation, et al., v....

Delaware Supreme Court Validates Express Statutory Consent for General Jurisdiction over Foreign Corporations: STERNBERG v. O'NEIL

Date: Nov 19, 1988

Delaware Supreme Court Validates Express Statutory Consent for General Jurisdiction over Foreign Corporations: STERNBERG v. O'NEIL Introduction Richard Sternberg, Plaintiff Below, Appellant, v....

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