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  • Commentaries
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Delaware Case Commentaries

Delaware Supreme Court Upholds Indictment Amendments and Conviction in Rape Case

Delaware Supreme Court Upholds Indictment Amendments and Conviction in Rape Case

Date: May 29, 2024
Delaware Supreme Court Upholds Indictment Amendments and Conviction in Rape Case Introduction In the landmark case of Sayvon Smiley v. State of Delaware, the Delaware Supreme Court affirmed the...
Reaffirmation of Preponderance of Evidence Standard in Probation Violation Hearings: Berry v. State of Delaware

Reaffirmation of Preponderance of Evidence Standard in Probation Violation Hearings: Berry v. State of Delaware

Date: May 15, 2024
Reaffirmation of Preponderance of Evidence Standard in Probation Violation Hearings: Berry v. State of Delaware Introduction In the case of Shaheed Berry v. State of Delaware, adjudicated by the...
Delaware Supreme Court Upholds Superior Court's Denial of Postconviction Relief for Ineffective Assistance of Counsel Claims

Delaware Supreme Court Upholds Superior Court's Denial of Postconviction Relief for Ineffective Assistance of Counsel Claims

Date: Apr 27, 2024
Delaware Supreme Court Upholds Superior Court's Denial of Postconviction Relief for Ineffective Assistance of Counsel Claims Introduction The case of Kevin Kimbrough v. State of Delaware represents a...
Affirmation of Superior Court's Sentencing Decision in Ryan v. State of Delaware

Affirmation of Superior Court's Sentencing Decision in Ryan v. State of Delaware

Date: Apr 19, 2024
Affirmation of Superior Court's Sentencing Decision in Ryan v. State of Delaware Introduction In the case of Jared Ryan v. State of Delaware, the Supreme Court of Delaware addressed significant...
Delaware Supreme Court Clarifies the Scope of the Administrative Procedures Act: SEBC's Medicare Plan Selection Not a Regulation

Delaware Supreme Court Clarifies the Scope of the Administrative Procedures Act: SEBC's Medicare Plan Selection Not a Regulation

Date: Apr 13, 2024
Delaware Supreme Court Clarifies the Scope of the Administrative Procedures Act: SEBC's Medicare Plan Selection Not a Regulation Introduction In the case of Secretary Claire Dematteis et al. v....
Reaffirmation of Entire Fairness Standard in Controlling Stockholder Transactions: Delaware Supreme Court in In re Match Group, Inc. Derivative Litigation

Reaffirmation of Entire Fairness Standard in Controlling Stockholder Transactions: Delaware Supreme Court in In re Match Group, Inc. Derivative Litigation

Date: Apr 5, 2024
Reaffirmation of Entire Fairness Standard in Controlling Stockholder Transactions: Delaware Supreme Court in In re Match Group, Inc. Derivative Litigation Introduction The Delaware Supreme Court, in...
Enhanced Disclosure Requirements in Fiduciary Duty Claims: Insights from Brookfield Asset Management Inc. v. Rosson

Enhanced Disclosure Requirements in Fiduciary Duty Claims: Insights from Brookfield Asset Management Inc. v. Rosson

Date: Mar 26, 2024
Enhanced Disclosure Requirements in Fiduciary Duty Claims: Insights from Brookfield Asset Management Inc. v. Rosson 1. Introduction The Supreme Court of Delaware addressed a pivotal case involving...
Enhancing Standards for Investigative Detentions: Insights from State v. McDougal

Enhancing Standards for Investigative Detentions: Insights from State v. McDougal

Date: Mar 22, 2024
Enhancing Standards for Investigative Detentions: Insights from State v. McDougal Introduction In the case of James McDougal v. State of Delaware, the Supreme Court of Delaware addressed critical...
Affirmation of Effective Counsel in Postconviction Relief: Wal-Ikram v. State of Delaware

Affirmation of Effective Counsel in Postconviction Relief: Wal-Ikram v. State of Delaware

Date: Mar 21, 2024
Affirmation of Effective Counsel in Postconviction Relief: Wal-Ikram v. State of Delaware Introduction The case of Wal-Ikram, formerly known as Robert Potts, versus the State of Delaware addresses...
Affirmation of Superior Court's Denial in Grimes v. State: Reinforcing Double Jeopardy Protections

Affirmation of Superior Court's Denial in Grimes v. State: Reinforcing Double Jeopardy Protections

Date: Mar 12, 2024
Affirmation of Superior Court's Denial in Grimes v. State: Reinforcing Double Jeopardy Protections Introduction The case of Russell M. Grimes v. State of Delaware presents a significant examination...
Delaware Supreme Court Clarifies Jurisdictional Limits on Appealing Magistrate Orders under Rule 144(c)

Delaware Supreme Court Clarifies Jurisdictional Limits on Appealing Magistrate Orders under Rule 144(c)

Date: Mar 1, 2024
Delaware Supreme Court Clarifies Jurisdictional Limits on Appealing Magistrate Orders under Rule 144(c) Introduction In the case of Appleby Apartments LP v. Appleby Apartments Associates, L.P., the...
ZURICH AMERICAN INSURANCE COMPANY v. SYNGENTA CROP PROTECTION LLC: Defining "Claim for Damages" in Claims-Made Policies

ZURICH AMERICAN INSURANCE COMPANY v. SYNGENTA CROP PROTECTION LLC: Defining "Claim for Damages" in Claims-Made Policies

Date: Feb 27, 2024
ZURICH AMERICAN INSURANCE COMPANY v. SYNGENTA CROP PROTECTION LLC: Defining "Claim for Damages" in Claims-Made Policies Introduction In the landmark case of Zurich American Insurance Company,...
Delaware Supreme Court Affirms Heightened Standard for Custody Modification in Hill v. Fox

Delaware Supreme Court Affirms Heightened Standard for Custody Modification in Hill v. Fox

Date: Feb 13, 2024
Delaware Supreme Court Affirms Heightened Standard for Custody Modification in Hill v. Fox Introduction In the landmark case of Gordon Hill v. Charlotte Fox, decided on February 12, 2024, the Supreme...
Delaware Supreme Court Clarifies Habeas Corpus Jurisdiction and Enforces Strict Procedural Compliance

Delaware Supreme Court Clarifies Habeas Corpus Jurisdiction and Enforces Strict Procedural Compliance

Date: Jan 31, 2024
Delaware Supreme Court Clarifies Habeas Corpus Jurisdiction and Enforces Strict Procedural Compliance Introduction In the case of Joseph Budner Elad v. Truist Bank, decided on January 30, 2024, the...
Delaware Supreme Court Reaffirms Strict Limits on Fee-Shifting under the Common Benefit Doctrine in Public Interest Litigation

Delaware Supreme Court Reaffirms Strict Limits on Fee-Shifting under the Common Benefit Doctrine in Public Interest Litigation

Date: Jan 31, 2024
Delaware Supreme Court Reaffirms Strict Limits on Fee-Shifting under the Common Benefit Doctrine in Public Interest Litigation Introduction In the landmark case IN RE DELAWARE PUBLIC SCHOOLS...
Reversal of Parental Rights Termination: Mitchell v. Thayer Establishes New Standards for Intentional Abandonment

Reversal of Parental Rights Termination: Mitchell v. Thayer Establishes New Standards for Intentional Abandonment

Date: Jan 30, 2024
Reversal of Parental Rights Termination: Mitchell v. Thayer Establishes New Standards for Intentional Abandonment Introduction The landmark case of Mitchell v. Thayer adjudicated by the Supreme Court...
Enforceability of Forfeiture-for-Competition Provisions in Limited Partnership Agreements

Enforceability of Forfeiture-for-Competition Provisions in Limited Partnership Agreements

Date: Jan 30, 2024
Enforceability of Forfeiture-for-Competition Provisions in Limited Partnership Agreements Introduction The case of Cantor Fitzgerald, L.P. v. Ainslie et al. (312 A.3d 674) adjudicated by the Supreme...
Strict Particularity in Digital Search Warrants: Delaware Supreme Court Rules in Terreros v. State

Strict Particularity in Digital Search Warrants: Delaware Supreme Court Rules in Terreros v. State

Date: Jan 19, 2024
Strict Particularity in Digital Search Warrants: Delaware Supreme Court Rules in Terreros v. State Introduction Terreros v. State of Delaware, a landmark decision by the Supreme Court of Delaware on...
Delaware Supreme Court Affirms Class Vote Requirements in Multi-Class Stock Structures

Delaware Supreme Court Affirms Class Vote Requirements in Multi-Class Stock Structures

Date: Jan 18, 2024
Delaware Supreme Court Affirms Class Vote Requirements in Multi-Class Stock Structures Introduction In the landmark case In re Fox Corporation / Snap Inc. Section 242 Litigation, decided by the...
Admissibility of Probabilistic Genotyping and Constitutionality of Limited Cell Tower Dumps: Delaware Supreme Court Affirms in Hudson v. State

Admissibility of Probabilistic Genotyping and Constitutionality of Limited Cell Tower Dumps: Delaware Supreme Court Affirms in Hudson v. State

Date: Jan 10, 2024
Admissibility of Probabilistic Genotyping and Constitutionality of Limited Cell Tower Dumps: Delaware Supreme Court Affirms in Hudson v. State Introduction In the landmark case of Kwesi Hudson v....
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