Rule 42’s “Exceptional Circumstances” Barrier: Delaware Supreme Court Refuses Interlocutory Review of Demand-Futility Rulings 1. Introduction In John M. Turner, Jr. v. Katherine Richards Brewer (Del....
Standing After De‑SPAC Equity Conversions: Dilution and Diversion Claims “Travel” with the Security Under Urdan I. Introduction In The Yosaki Trust v. Teresa S. Weber (Del. Dec. 15, 2025), the...
Swanson v. State — Transporting a Terry Detainee to the Station for DNA Collection Is a De Facto Arrest Requiring Probable Cause 1. Introduction In Swanson v. State (Del. Dec. 15, 2025), the Delaware...
Optional PIP Arbitration Under 21 Del. C. § 2118(j) Is Non‑Preclusive of Subsequent UM Litigation: Commentary on Vaughn v. Allstate I. Introduction This commentary examines the Supreme Court of...
ADA Accommodation Claims, Prior Terminations, and No‑Merit Appeals in Delaware Termination of Parental Rights Cases: A Commentary on Shelby Davis v. Department of Services for Children, Youth and...
Non-Binding Delaware PIP (ICA) Arbitration Does Not Preclude Later UM Coverage Litigation Case: Damisha Vaughn v. Allstate Property and Casualty Insurance Company Court: Supreme Court of Delaware...
Unpreserved ADA Claims Do Not Defeat Delaware TPR Where DFS Was Excused from Case Planning and Prior Involuntary TPRs Independently Support Termination 1. Introduction Shelby Davis v. Department of...
Opinion-of-Counsel Conditions as Independent, Good‑Faith Safeguards in Delaware MLPs: A Commentary on Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP (Del. Dec. 10, 2025) I. Introduction...
Bolden v. State and the Right to Counsel at Plea Withdrawal: Sequencing Counsel-Withdrawal Motions and the “Good Cause” Standard I. Introduction Bolden v. State (Del. Supr. Dec. 9, 2025) is a...
Keys v. State and the Limits on Using Rap Lyrics and Social Media Audio Under Delaware Evidence Law I. Introduction Keys v. State, No. 368, 2024 (Del. Dec. 9, 2025), is a significant Supreme Court of...
No Mid‑Crime Withdrawal: Accomplice Liability and Termination of Complicity in Henry v. State Introduction In Henry v. State, No. 519, 2024 (Del. Dec. 9, 2025), the Delaware Supreme Court, sitting en...
Opinion of Counsel Must Be Rendered in Subjective Good Faith as an Independent Condition Precedent to an MLP Call Right Case: Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP Court: Supreme...
Bolden v. State: Trial Courts Must Decide Counsel-Withdrawal Motions Before Plea-Withdrawal Proceedings, and Provide Counsel or a Faretta Waiver at This Critical Stage Court: Supreme Court of...
Accomplice Liability for First-Degree Murder in Delaware: Intent to Facilitate the Killing Conduct and Strict, Pre-Offense Withdrawal Under 11 Del. C. §§ 271 & 273 I. Introduction Henry v. State...
Rap-Song Audio Played by a Defendant Is Not “404(b) Other-Acts” Evidence Absent Plain, Clear, Conclusive Proof of Misconduct; Erroneous Admission May Be Harmless Where Independent Evidence Sustains...
Reaffirming Nally Over Duvall in Successive-Injury Cases: Commentary on Ferrell v. City of Wilmington I. Introduction In Corey Ferrell v. City of Wilmington, No. 152, 2025 (Del. Dec. 4, 2025), the...
Competency to Stand Trial, Minimal On‑Record Findings, and Reliance on Psychiatric Reports: Commentary on Chun‑Castro v. State (Del. 2025) 1. Introduction The Delaware Supreme Court’s decision in...
Strict Compliance with Section 220 Form-and-Manner Requirements: Commentary on Floreani v. FloSports, Inc. Introduction The Delaware Supreme Court’s decision in Martin Floreani v. FloSports, Inc.,...
Reese v. State: Limits on Cronic, Rule 61, and Brady Challenges After a Global Guilty Plea I. Introduction The Delaware Supreme Court’s order in Reese v. State (No. 6, 2025, decided November 24,...
Corley v. State: Delaware Mandates Tier II Classification for Federal § 2252A Offenders and Reaffirms the Civil Nature of Sex‑Offender Registration 1. Introduction The Delaware Supreme Court’s order...