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  • Commentaries
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Delaware Case Commentaries

McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime

McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime

Date: Mar 25, 2025
McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime Introduction In McMahon v. McMahon, No....
No Duty Absent Unusual Circumstances: Delaware Supreme Court Holds Disputed Theft Details Are Immaterial in Third‑Party Injury Cases Involving Stolen Vehicles

No Duty Absent Unusual Circumstances: Delaware Supreme Court Holds Disputed Theft Details Are Immaterial in Third‑Party Injury Cases Involving Stolen Vehicles

Date: Mar 20, 2025
No Duty Absent Unusual Circumstances: Delaware Supreme Court Holds Disputed Theft Details Are Immaterial in Third‑Party Injury Cases Involving Stolen Vehicles Introduction In Carroll v. Forewinds...
Affirming Limits on Postconviction Relief: Analyzing Ineffective Assistance and Evidentiary Discrepancies in Davis v. State

Affirming Limits on Postconviction Relief: Analyzing Ineffective Assistance and Evidentiary Discrepancies in Davis v. State

Date: Mar 14, 2025
Affirming Limits on Postconviction Relief: Analyzing Ineffective Assistance and Evidentiary Discrepancies in Davis v. State Introduction The case of Andre Davis v. State of Delaware presents a...
The Adequacy of Writ of Certiorari in Quasi-Judicial Permit Approvals: A New Delaware Precedent

The Adequacy of Writ of Certiorari in Quasi-Judicial Permit Approvals: A New Delaware Precedent

Date: Mar 13, 2025
The Adequacy of Writ of Certiorari in Quasi-Judicial Permit Approvals: A New Delaware Precedent Introduction The recent decision in Citizens Against Solar Pollution et al. v. Kent County, et al.,...
Governor’s Withdrawal Right: A New Precedent on Nominations Under Article III, Section 9 of the Delaware Constitution

Governor’s Withdrawal Right: A New Precedent on Nominations Under Article III, Section 9 of the Delaware Constitution

Date: Mar 11, 2025
Governor’s Withdrawal Right: A New Precedent on Nominations Under Article III, Section 9 of the Delaware Constitution Introduction The Delaware Supreme Court’s recent advisory opinion addresses a...
Sufficiency of DNA Evidence in Establishing Possession: A New Precedent in PFBPP Convictions

Sufficiency of DNA Evidence in Establishing Possession: A New Precedent in PFBPP Convictions

Date: Mar 8, 2025
Sufficiency of DNA Evidence in Establishing Possession: A New Precedent in PFBPP Convictions Introduction The case of William Sawyer v. State of Delaware represents a significant decision by the...
Establishing the “Failure to Plan” Standard in Termination of Parental Rights Cases

Establishing the “Failure to Plan” Standard in Termination of Parental Rights Cases

Date: Mar 7, 2025
Establishing the “Failure to Plan” Standard in Termination of Parental Rights Cases Introduction This Judgment, rendered by the Supreme Court of Delaware on March 4, 2025, addresses a contentious...
Defining Failure to Plan: Affirming Child Welfare and Termination of Parental Rights

Defining Failure to Plan: Affirming Child Welfare and Termination of Parental Rights

Date: Mar 7, 2025
Defining Failure to Plan: Affirming Child Welfare and Termination of Parental Rights Introduction The case of Nadine Morris v. Department of Services for Children, Youth and Their Families/Division...
Reaffirming the Limits of Interlocutory Review in Conflicted Transactions: A New Framework for Applying Section 7.10(b) in Merger Disputes

Reaffirming the Limits of Interlocutory Review in Conflicted Transactions: A New Framework for Applying Section 7.10(b) in Merger Disputes

Date: Mar 1, 2025
Reaffirming the Limits of Interlocutory Review in Conflicted Transactions: A New Framework for Applying Section 7.10(b) in Merger Disputes Introduction The recent decision in American Midstream GP,...
Establishing the Threshold for Termination of Parental Rights: The Failure to Plan under 13 Del. C. § 1103

Establishing the Threshold for Termination of Parental Rights: The Failure to Plan under 13 Del. C. § 1103

Date: Feb 28, 2025
Establishing the Threshold for Termination of Parental Rights: The Failure to Plan under 13 Del. C. § 1103 Introduction In the case of GEORGE FROST and JANE BURTON v. DEPARTMENT OF SERVICES FOR...
Affirming Convictions under Domestic Violence Protective Orders: Clarifying Plain Error and Multiplicity Doctrine Standards

Affirming Convictions under Domestic Violence Protective Orders: Clarifying Plain Error and Multiplicity Doctrine Standards

Date: Feb 25, 2025
Affirming Convictions under Domestic Violence Protective Orders: Clarifying Plain Error and Multiplicity Doctrine Standards Introduction The case of Larry Ross v. State of Delaware presents an...
Establishing Clear and Convincing Evidence in Parental Rights Termination for Failure to Plan

Establishing Clear and Convincing Evidence in Parental Rights Termination for Failure to Plan

Date: Feb 25, 2025
Establishing Clear and Convincing Evidence in Parental Rights Termination for Failure to Plan Introduction The Supreme Court of Delaware recently addressed a critical issue in child welfare and...
Establishing the Irrevocability of Mandatory Life Imprisonment under Delaware Law

Establishing the Irrevocability of Mandatory Life Imprisonment under Delaware Law

Date: Feb 20, 2025
Establishing the Irrevocability of Mandatory Life Imprisonment under Delaware Law Introduction This commentary examines the Supreme Court of Delaware’s decision in Lawrence B. DICKENS v. STATE of...
New Precedent on Custody Modification: Emphasizing Evidence-Based Best-Interest Determinations in Family Law

New Precedent on Custody Modification: Emphasizing Evidence-Based Best-Interest Determinations in Family Law

Date: Feb 19, 2025
New Precedent on Custody Modification: Emphasizing Evidence-Based Best-Interest Determinations in Family Law Introduction The case of Derek Lincoln v. Taylor Oxley represents a significant...
Affirmation of Service and Standing in Child Support Proceedings: A Delaware Supreme Court Precedent

Affirmation of Service and Standing in Child Support Proceedings: A Delaware Supreme Court Precedent

Date: Feb 19, 2025
Affirmation of Service and Standing in Child Support Proceedings: A Delaware Supreme Court Precedent Introduction The Delaware Supreme Court recently issued a ruling in the case of Caleb Ravin v....
Delaware Supreme Court Affirms Admissibility of Indirect DNA Evidence in Firearm Possession Case

Delaware Supreme Court Affirms Admissibility of Indirect DNA Evidence in Firearm Possession Case

Date: Feb 11, 2025
Delaware Supreme Court Affirms Admissibility of Indirect DNA Evidence in Firearm Possession Case Introduction In the case of William Zebroski v. State of Delaware, the Supreme Court of Delaware...
Delaware SC Establishes 'Meaningful Linkage' as Critical in D&O Insurance Coverage Determination

Delaware SC Establishes 'Meaningful Linkage' as Critical in D&O Insurance Coverage Determination

Date: Feb 8, 2025
Delaware Supreme Court Reinforces 'Meaningful Linkage' in D&O Insurance Claims Introduction In the landmark case In Re Alexion Pharmaceuticals, Inc. Insurance Appeals, the Supreme Court of Delaware...
Supreme Court of Delaware Affirms Sovereign Immunity and STCA in Dismissing Claims Against State Employees and Attorney General

Supreme Court of Delaware Affirms Sovereign Immunity and STCA in Dismissing Claims Against State Employees and Attorney General

Date: Feb 8, 2025
Supreme Court of Delaware Affirms Sovereign Immunity and STCA in Dismissing Claims Against State Employees and Attorney General Introduction The case of Kimberly Letke v. Matthew Sprenkle, Corporal...
Delaware Supreme Court Affirms Business Judgment Rule in Corporate Redomiciliation to Nevada

Delaware Supreme Court Affirms Business Judgment Rule in Corporate Redomiciliation to Nevada

Date: Feb 8, 2025
Delaware Supreme Court Affirms Business Judgment Rule in Corporate Redomiciliation to Nevada Introduction The case of Gregory B. Maffei et al. v. Dennis Palkon and Herbert Williamson revolves around...
Delaware Supreme Court Clarifies Application of Relocation Factors in Joint Relocation Custody Cases – Carter Green v. Janise Fletcher

Delaware Supreme Court Clarifies Application of Relocation Factors in Joint Relocation Custody Cases – Carter Green v. Janise Fletcher

Date: Feb 8, 2025
Delaware Supreme Court Clarifies Application of Relocation Factors in Joint Relocation Custody Cases Carter Green v. Janise Fletcher Introduction In the landmark case of Carter Green v. Janise...
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