Delaware Case Commentaries

Executive Privilege Affirmed in Delaware FOIA: Samuel L. Guy v. Judicial Nominating Commission

Date: Apr 8, 1995

Executive Privilege Affirmed in Delaware FOIA: Samuel L. Guy v. Judicial Nominating Commission 1. Introduction Samuel L. Guy v. Judicial Nominating Commission, 659 A.2d 777 (Del. 1995), represents a...

Delaware Supreme Court Establishes Bad Faith as Breach of Contract and Limits on Damages in Tackett v. State Farm

Date: Feb 11, 1995

Delaware Supreme Court Establishes Bad Faith as Breach of Contract and Limits on Damages in Tackett v. State Farm Introduction In the landmark case of Billie Tackett and Truman TACKETT v. STATE FARM...

Indemnification Clauses and Workers' Compensation Exclusions: The Precision Air Inc. v. Standard Chlorine of Delaware Inc. Ruling

Date: Feb 10, 1995

Indemnification Clauses and Workers' Compensation Exclusions: The Precision Air Inc. v. Standard Chlorine of Delaware Inc. Ruling Introduction The Supreme Court of Delaware, in the landmark case of...

Monroe v. State of Delaware: Establishing the Sufficiency of Fingerprint Evidence in Burglary Convictions

Date: Jan 26, 1995

Monroe v. State of Delaware: Establishing the Sufficiency of Fingerprint Evidence in Burglary Convictions Introduction The case of Bobby L. Monroe v. State of Delaware (652 A.2d 560) adjudicated by...

Reaffirming Proportionality in Defensive Measures Under Unocal: Unitrin v. American General

Date: Jan 12, 1995

Reaffirming Proportionality in Defensive Measures Under Unocal: Unitrin v. American General Introduction The landmark case of Unitrin, Inc. v. American General Corp., adjudicated by the Supreme Court...

Enhanced Fiduciary Disclosure Obligations in Delaware Corporate Law: Insights from Arnold v. Society for Savings Bancorp, Inc.

Date: Dec 29, 1994

Enhanced Fiduciary Disclosure Obligations in Delaware Corporate Law: Insights from Arnold v. Society for Savings Bancorp, Inc. Introduction Arnold v. Society for Savings Bancorp, Inc. is a landmark...

Lilly v. State of Delaware: Affirmation of Second-Degree Murder Conviction and Harmless Error in Lesser-Included Offense Instruction

Date: Nov 29, 1994

Lilly v. State of Delaware: Affirmation of Second-Degree Murder Conviction and Harmless Error in Lesser-Included Offense Instruction Introduction The case Earl Dean Lilly v. State of Delaware, 649...

Desmond v. State of Delaware: Upholding Evidence Admissibility and Allen Charge Integrity

Date: Nov 15, 1994

Desmond v. State of Delaware: Upholding Evidence Admissibility and Allen Charge Integrity Introduction The case of Christopher Desmond v. State of Delaware (654 A.2d 821) presents a compelling...

Ineffective Assistance of Counsel in Capital Sentencing: Analysis of State v. Jermaine M. Wright

Date: Aug 13, 1994

Ineffective Assistance of Counsel in Capital Sentencing: Analysis of State v. Jermaine M. Wright Introduction State of Delaware v. Jermaine M. Wright, 653 A.2d 288 (Del. 1994), addresses critical...

Entire Fairness Remains the Burden on Dominant Shareholders: Analysis of Kahn v. Lynch Communications Systems, Inc.

Date: Apr 6, 1994

Entire Fairness Remains the Burden on Dominant Shareholders: Analysis of Kahn v. Lynch Communications Systems, Inc. Introduction The landmark case of Kahn v. Lynch Communications Systems, Inc.,...

Reaffirmed Standards for Capital Sentencing and Guilty Plea Validity in Sullivan v. State of Delaware

Date: Feb 11, 1994

Reaffirmed Standards for Capital Sentencing and Guilty Plea Validity in Sullivan v. State of Delaware Introduction In Sullivan v. State of Delaware, 636 A.2d 931 (Del. 1994), the Supreme Court of...

Enhanced Judicial Scrutiny in Corporate Control Transactions: Paramount Communications Inc. v. QVC Network Inc.

Date: Feb 5, 1994

Enhanced Judicial Scrutiny in Corporate Control Transactions: Paramount Communications Inc. v. QVC Network Inc. Introduction Paramount Communications Inc., Viacom Inc., Martin S. Davis, et al. v. QVC...

Delaware Supreme Court Sets Strict Standards for Standing in Environmental Permit Appeals

Date: Jan 27, 1994

Delaware Supreme Court Sets Strict Standards for Standing in Environmental Permit Appeals Introduction The landmark case Oceanport Industries, Inc. v. Environmental Appeals Board addresses the...

Demand Excusal in Double Derivative Suits: Insights from Ste v. Rales

Date: Dec 23, 1993

Demand Excusal in Double Derivative Suits: Insights from Ste v. Rales Introduction The case of Ste v. n M. Rales serves as a pivotal decision in Delaware corporate law, particularly concerning the...

Reinforcing the Duty of Loyalty and Entire Fairness in Majority-Controlled Corporate Combinations: Insights from In re Tri-Star Pictures, Inc. Litigation

Date: Nov 25, 1993

Reinforcing the Duty of Loyalty and Entire Fairness in Majority-Controlled Corporate Combinations: Insights from In re Tri-Star Pictures, Inc. Litigation 1. Introduction In re Tri-Star Pictures,...

Delaware Supreme Court Upholds Consent to Search and Chain of Custody for Controlled Substances Evidence

Date: Nov 6, 1993

Delaware Supreme Court Upholds Consent to Search and Chain of Custody for Controlled Substances Evidence Introduction The case of Mark Murphy v. State of Delaware addressed pivotal issues surrounding...

Revisiting the Business Judgment Rule: Balancing Duty of Care and Loyalty in Director Self-Interest – CEDE CO. v. TECHNICOLOR, INC.

Date: Oct 23, 1993

Revisiting the Business Judgment Rule: Balancing Duty of Care and Loyalty in Director Self-Interest – CEDE CO. v. TECHNICOLOR, INC. Introduction The case of Cede Co. and Cinerama, Inc. v....

Limitations on Standing Under Delaware’s Deceptive Trade Practices Act: Grand Ventures v. Whaley and Holcomb Salter Insurance Agency

Date: Oct 20, 1993

Limitations on Standing Under Delaware’s Deceptive Trade Practices Act: Grand Ventures v. Whaley and Holcomb Salter Insurance Agency Introduction In the landmark case of Grand Ventures, Inc. v. Terry...

Delaware Supreme Court Establishes Parameters for Fiduciary Duties in ESOP and Minority Shareholder Protection – Blackwell v. Nixon

Date: Jun 23, 1993

Delaware Supreme Court Establishes Parameters for Fiduciary Duties in ESOP and Minority Shareholder Protection – Blackwell v. Nixon Introduction The landmark case Blackwell v. Nixon, decided by the...

Desert Equities Inc. v. Morgan Stanley Leveraged Equity Fund II, L.P.: Reinforcing Pleading Standards for Bad Faith in Partnership Agreements

Date: Jun 2, 1993

Desert Equities Inc. v. Morgan Stanley Leveraged Equity Fund II, L.P.: Reinforcing Pleading Standards for Bad Faith in Partnership Agreements Introduction Desert Equities, Inc., a Nevada corporation,...