Delaware Case Commentaries

Adoption of the "Most Significant Relationship" Test Over Lex Loci Delicti in Insurance Contract Actions: Travelers Indemnity Co. v. Lake

Date: Jul 3, 1991

Adoption of the "Most Significant Relationship" Test Over Lex Loci Delicti in Insurance Contract Actions: Travelers Indemnity Co. v. Lake Introduction In Travelers Indemnity Company v. Lake, the...

Affirmation of Confession of Judgment Waiver and Enforceability of Cumulative Liability in Personal Guaranties

Date: May 14, 1991

Affirmation of Confession of Judgment Waiver and Enforceability of Cumulative Liability in Personal Guaranties Introduction The case of Charles M. Pellaton v. The Bank of New York, decided by the...

Judicial Impartiality in the Wake of Adverse Litigation: Insights from Los v. Los

Date: May 9, 1991

Judicial Impartiality in the Wake of Adverse Litigation: Insights from Los v. Los Introduction The case of Simon G. Los v. Catherine L. Los, adjudicated by the Supreme Court of Delaware on May 8,...

Reaffirmation of Pleading Standards and Business Judgment Rule in Delaware Derivative Suits: The Morton Levine Case

Date: Apr 10, 1991

Reaffirmation of Pleading Standards and Business Judgment Rule in Delaware Derivative Suits: The Morton Levine Case Introduction Morton Levine, Plaintiff Below, Appellant, v. Roger B. Smith and...

BAILEY v. STATE of Delaware: Procedural Barriers in Post-Conviction Relief

Date: Apr 9, 1991

BAILEY v. STATE of Delaware: Procedural Barriers in Post-Conviction Relief Introduction In John H. BAILEY v. STATE of Delaware, 588 A.2d 1121 (Del. 1991), the Supreme Court of Delaware addressed a...

Delaware Supreme Court Upholds 'But For' Rule in Proximate Cause Analysis: Culver v. Bennett

Date: Mar 22, 1991

Delaware Supreme Court Upholds 'But For' Rule in Proximate Cause Analysis: Culver v. Bennett Introduction The case of Catherine A. Culver and Glenn Culver v. William Bennett, adjudicated by the...

Preservation of Common Law Jury Deliberative Process: The Rule Against Substituting Alternate Jurors During Deliberations

Date: Jan 23, 1991

Preservation of Common Law Jury Deliberative Process: The Rule Against Substituting Alternate Jurors During Deliberations Introduction Claudio v. State of Delaware is a pivotal case decided by the...

Strict Enforcement of Statutory Appeal Deadlines in Unemployment Insurance Cases: An Analysis of Funk v. Unemployment Insurance Appeal Board

Date: Jan 19, 1991

Strict Enforcement of Statutory Appeal Deadlines in Unemployment Insurance Cases: An Analysis of Funk v. Unemployment Insurance Appeal Board Introduction The case of Mitchell H. Funk v. Unemployment...

Delaware Supreme Court Establishes Mitigating Role of "Guilty but Mentally Ill" Verdict in Death Sentencing

Date: Dec 29, 1990

Delaware Supreme Court Establishes Mitigating Role of "Guilty but Mentally Ill" Verdict in Death Sentencing Introduction In the landmark case of Reginald N. Sanders v. State of Delaware, the Delaware...

Affirmation of Postconviction Relief Denials in RILEY v. STATE: Jurisprudential Insights

Date: Dec 22, 1990

Affirmation of Postconviction Relief Denials in RILEY v. STATE: Jurisprudential Insights Introduction The case of James W. Riley versus the State of Delaware, decided by the Supreme Court of Delaware...

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...