Reasonable Self-Defense May Be Considered in Delaware PFA Proceedings Case: Vincent, Bennett v. Eden Michaels Court: Supreme Court of Delaware Date: May 6, 2026 New/clarified principle: Although...
“Notice of Intent to Terminate” Is Not Termination: Delaware Enforces Distinct Notice Triggers in ETF Services Agreements Case: Benchmark Investments LLC v. Pacer Advisors, Inc. (Del. Apr. 30, 2026)...
Matta v. State: Erroneously Admitted Background Testimony Is Not Reversible Absent Prejudice to the Verdict Introduction In Matta v. State, the Delaware Supreme Court affirmed Gary Matta’s...
As-Applied Challenges to Advance Notice Bylaws Require a Concrete Nomination Controversy Introduction In In re The AES Corporation and Owens Corning, the Delaware Supreme Court affirmed the Court of...
Pretrial-Suppression Waiver and Plain-Error Limits in Rule 26(c) Direct Appeals 1. Introduction In Best v. State (Del. Apr. 27, 2026), the Delaware Supreme Court affirmed, by Order on direct appeal,...
Wheeler v. State: Prosecutorial Closing Argument May Characterize Mixed-Profile “Contributor” DNA as “On” an Item When Fairly Grounded in the Evidence Introduction Wheeler v. State is a direct appeal...
§ 2365 Retaliation Requires an Affirmative Attempt to Claim Workers’ Compensation—Mere Injury Notice Is Not Enough Introduction In Jewel Redic v. Interfaith Community Housing of Delaware, Inc. (Del....
Contract Silence on Payment Timing Requires a Court-Implied “Reasonable Time” (Often a Fact Question), While Stock Compensation Still Qualifies as Commissionable “Marketing Income” I. Introduction In...
Heck v. State: Probable Cause for CSLI Warrants Requires a Case-Specific “Logical Nexus,” and D.R.E. 702 Demands Reliability—Not Infallibility—for Presumptive Blood Tests Introduction In Heck v....
Baldwin v. State (Del. 2026): Rape Shield Does Not Bar Alternative-Source DNA; D.R.E. 403 Must Credit Exculpatory Probative Value 1. Introduction In Baldwin v. State, the Supreme Court of Delaware...
Merchants Are Not “Financial Institutions” or “Debt Collectors” for EFTA/FDCPA Claims Arising from Refund and Payment-Dispute Conduct 1. Introduction Still, David v. Wayfair Inc. (Del. Apr. 14, 2026)...
ERISA § 1110 Does Not Void Contractual Advancement for State-Law Defense Costs When Subject to Repayment Undertaking Case: Invictus Global Management, LLC v. Invictus Special Situations Master I,...
Delaware “Face to Face” Confrontation Permits Child CCTV Testimony Under 11 Del. C. § 3514 When In‑Court Presence Would Prevent Reasonable Communication Case: Roberson v. State (Supreme Court of...
Walsh v. Walsh: Deference to Family Court Discretion on Continuances, Forced Sale of a Marital Home Absent Reliable Valuation, Averaging Conflicting Asset Values, and Permanent Alimony Findings Under...
Unpreserved Procedural Objections in Delaware Custody Appeals Trigger Plain-Error Review; Rule 20(f) Fees Denied Absent Frivolity 1. Introduction In Zimmerman, Caleb v. Felicia Da Costa (Del. Supr....
Late-Raised Reinterpretations of Contractual Damages Caps Are Barred by Prejudice; Prejudgment Interest Is Mandatory; Rule 54 Costs Are Not “Incidental Damages” Case: LG Electronics Inc. v. Invention...
Kibiro v. State: Limiting 11 Del. C. § 263 Instructions to “Outside-the-Risk” Results and Improbable Intervening Conduct Introduction In Kibiro v. State (Del. Mar. 27, 2026), the Delaware Supreme...
Delaware § 220: Post-Demand Evidence May Be Considered (in Exceptional Circumstances) and Reliably Sourced Anonymous Media Reports May Support a Credible-Basis Showing Introduction Paramount Global...
Expired DUI Administrative Revocation Appeals Are Moot Absent Practical Relief, Especially Where a Criminal Revocation Notation Independently Remains Introduction Nathaniel Raiford v. Amy Anthony,...
Victim Testimony Sustains § 1313 Emergency-Call Interference; Self-Defense Instruction Requires Evidence of Immediate Necessity (Not Retaliation) 1. Introduction Jacobs v. State (Del. Mar. 23, 2026)...