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  • Commentaries
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Delaware Case Commentaries

“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects

“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects

Date: Jun 24, 2025
“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects Introduction Jones v. State, No. 108, 2025...
Scottoline v. Women First, LLC: Delaware Supreme Court Clarifies the Distinction Between Diagnosis and Etiology Under Rule 702

Scottoline v. Women First, LLC: Delaware Supreme Court Clarifies the Distinction Between Diagnosis and Etiology Under Rule 702

Date: Jun 20, 2025
Scottoline v. Women First, LLC: Delaware Supreme Court Clarifies the Distinction Between Diagnosis and Etiology Under Rule 702 Supreme Court of Delaware  |  Decided 18 June 2025  |  No. 48, 2024 1....
“Actual-Knowledge” Becomes the Touchstone: Delaware Clarifies Aider-and-Abettor Liability for Acquirers – Commentary on In re Columbia Pipeline Group, Inc. Merger Litigation (Del. Supr. 2025)

“Actual-Knowledge” Becomes the Touchstone: Delaware Clarifies Aider-and-Abettor Liability for Acquirers – Commentary on In re Columbia Pipeline Group, Inc. Merger Litigation (Del. Supr. 2025)

Date: Jun 20, 2025
“Actual-Knowledge” Becomes the Touchstone: Delaware Clarifies Aider-and-Abettor Liability for Acquirers Commentary on In re Columbia Pipeline Group, Inc. Merger Litigation, 332 A.3d 349 (Del. Supr....
Clarifying the Dual Strickland-Scarborough Standard: The Delaware Supreme Court’s Decision in Lolley v. State (2025)

Clarifying the Dual Strickland-Scarborough Standard: The Delaware Supreme Court’s Decision in Lolley v. State (2025)

Date: Jun 20, 2025
Clarifying the Dual Strickland-Scarborough Standard: The Delaware Supreme Court’s Decision in Lolley v. State (2025) 1. Introduction Lolley v. State is a 2025 ruling of the Delaware Supreme Court...
Mitchell v. Division of Family Services: Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs

Mitchell v. Division of Family Services: Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs

Date: Jun 18, 2025
Mitchell v. Division of Family Services Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs Introduction In Mitchell v. Division of Family...
“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements

“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements

Date: Jun 18, 2025
“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements 1. Introduction Village Practice Management Company, LLC (“Village”) granted...
The Expanded Reach of Rule 60(b)(3) in Delaware:  “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation

The Expanded Reach of Rule 60(b)(3) in Delaware: “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation

Date: Jun 11, 2025
The Expanded Reach of Rule 60(b)(3) in Delaware: “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation 1. Introduction In Erste Asset Management GMBH v. Hees, the...
Dram Shop Immunity Extends to Non-Serving Entities and Limits Restatement §324A Liability

Dram Shop Immunity Extends to Non-Serving Entities and Limits Restatement §324A Liability

Date: Jun 10, 2025
Dram Shop Immunity Extends to Non-Serving Entities and Limits Restatement §324A Liability Introduction Barnes v. Hooper and Harrington Raceway, Inc. d/b/a Harrington Raceway & Casino is a landmark...
Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion

Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion

Date: Jun 3, 2025
Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion Introduction In Larson v. Gibson, No. 344, 2024 (Del. June 2, 2025), the Supreme Court of...
Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court

Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court

Date: May 29, 2025
Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court Introduction This commentary examines the Supreme Court of Delaware’s decision in Vladimir...
Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law

Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law

Date: May 29, 2025
Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law Introduction Delgado v. State (Del. S. Ct., May 28, 2025) addresses the scope of...
Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State

Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State

Date: May 29, 2025
Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State Introduction The Delaware Supreme Court’s decision in Gibson v. State (No. 111, 2024, decided May 28, 2025) reaffirms...
Ensuring Full and Fair Custody Hearings: Procedural Due Process in Harris v. Tucker

Ensuring Full and Fair Custody Hearings: Procedural Due Process in Harris v. Tucker

Date: May 23, 2025
Ensuring Full and Fair Custody Hearings: Procedural Due Process in Harris v. Tucker Introduction Harris v. Tucker, decided by the Supreme Court of Delaware on May 22, 2025, addresses a father’s...
Constructive Possession Through Circumstantial and DNA Evidence: Landry v. State

Constructive Possession Through Circumstantial and DNA Evidence: Landry v. State

Date: May 21, 2025
Constructive Possession Through Circumstantial and DNA Evidence: Landry v. State Introduction Landry v. State, decided by the Supreme Court of Delaware on May 20, 2025, examines the sufficiency of...
Clarifying Successive Predicate Offenses and Rehabilitation in Habitual-Offender Sentencing: Roten v. State

Clarifying Successive Predicate Offenses and Rehabilitation in Habitual-Offender Sentencing: Roten v. State

Date: May 21, 2025
Clarifying Successive Predicate Offenses and Rehabilitation in Habitual-Offender Sentencing Introduction Roten v. State (Supreme Court of Delaware, May 20, 2025) addresses the scope and meaning of...
Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services

Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services

Date: May 17, 2025
Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services 1. Introduction In Banks v. Department of Services for Children, Youth and Their...
Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice

Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice

Date: May 16, 2025
Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice Introduction This commentary examines the Delaware Supreme Court’s decision in Boyce v. State, 2025...
Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions

Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions

Date: May 14, 2025
Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions Introduction In Kellam v. State, 317 A.3d 289 (Del. 2025), the Delaware...
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Date: May 13, 2025
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals Introduction Karpoff v. Sussex County Board of Adjustment is a 2025 decision of the Supreme Court of Delaware...
Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence

Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence

Date: May 9, 2025
Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence Introduction In Johnson v. State, 2025 WL ____ (Del....
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