Delaware Case Commentaries

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.

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

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.

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

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

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

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

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

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

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...

Establishing Vicarious Liability for Independent Contractors: Fisher v. Townsends, Inc.

Date: Jun 12, 1997

Establishing Vicarious Liability for Independent Contractors: Fisher v. Townsends, Inc. Introduction Fisher v. Townsends, Inc. (695 A.2d 53) is a pivotal case decided by the Supreme Court of Delaware...

Kahn v. Tremont Corporation: Reaffirming the Burden of Proof in Interested Transactions

Date: Jun 11, 1997

Kahn v. Tremont Corporation: Reaffirming the Burden of Proof in Interested Transactions Introduction The case of Kahn v. Tremont Corporation addresses critical issues surrounding corporate...

Impact of Judicial Actions on Shareholder Benefits: United Vanguard Fund v. TakeCare Inc.

Date: May 23, 1997

Impact of Judicial Actions on Shareholder Benefits: United Vanguard Fund v. TakeCare Inc. Introduction The case of United Vanguard Fund, Inc. et al. v. TakeCare, Inc. et al. adjudicated by the...

Delaware Supreme Court Affirms Parole Revocation Authority in Concurrent Supervision Situations

Date: Apr 10, 1997

Delaware Supreme Court Affirms Parole Revocation Authority in Concurrent Supervision Situations Introduction The case of Cecil La'Roy HALL v. Warden Sherese Brewington CARR, adjudicated by the...

Security First Corp. v. U.S. Die Casting: Defining the Threshold for Stockholder Records Inspection under Section 220

Date: Jan 15, 1997

Security First Corp. v. U.S. Die Casting: Defining the Threshold for Stockholder Records Inspection under Section 220 Introduction The case of Security First Corporation v. U.S. Die Casting and...

Limitation on External Documents in Rule 12(b)(6) Motions: Delaware Supreme Court Clarifies Standards

Date: Dec 13, 1996

Limitation on External Documents in Rule 12(b)(6) Motions: Delaware Supreme Court Clarifies Standards Introduction The Supreme Court of Delaware, in the case of Vanderbilt Income and Growth...

Establishing Director Oversight: The Caremark Standard

Date: Sep 26, 1996

Establishing Director Oversight: The Caremark Standard Introduction The case In re CAREMARK INTERNATIONAL INC. Derivative Litigation (698 A.2d 959) adjudicated by the Court of Chancery of Delaware on...

Interpretation of Conversion Rights in Corporate Recapitalization: PRIDES Holders’ Protections Affirmed

Date: Aug 30, 1996

Interpretation of Conversion Rights in Corporate Recapitalization: PRIDES Holders’ Protections Affirmed Introduction The case of KAISER ALUMINUM CORPORATION, Maxxam, Inc., et al. v. Donald Matheson...

Delaware Supreme Court Affirms Equitable Common Fund Doctrine in Class Action Settlement: Goodrich v. E.F. Hutton

Date: Aug 27, 1996

Delaware Supreme Court Affirms Equitable Common Fund Doctrine in Class Action Settlement: Goodrich v. E.F. Hutton Introduction In the landmark case of Edward O. GOODRICH v. E.F. HUTTON GROUP, INC.,...

Material Misleading Partial Disclosures in Tender Offers and Director Immunity under Delaware Law: Insights from ZIRN v. VLI CORPoration

Date: Aug 24, 1996

Material Misleading Partial Disclosures in Tender Offers and Director Immunity under Delaware Law: Insights from ZIRN v. VLI CORPoration Introduction The case of Marilyn ZIRN v. VLI CORPoration...