Delaware Case Commentaries

Section 1515 Fee-Shifting Applies to All Title 13 Proceedings; Unsigned Separation Agreements Enforceable When Intent and Performance Are Clear — Goode v. Goode (Del. 2025)

Date: Nov 19, 2025

Section 1515 Fee-Shifting Applies to All Title 13 Proceedings; Unsigned Separation Agreements Enforceable When Intent and Performance Are Clear — Goode v. Goode (Del. 2025) Introduction In Daniel...

Uniformity Means Uniform Within Reasonable Classes: Delaware Supreme Court Upholds Split‑Rate School Taxation and Clarifies “Projected Revenue” Under HB242

Date: Nov 15, 2025

Uniformity Means Uniform Within Reasonable Classes: Delaware Supreme Court Upholds Split‑Rate School Taxation and Clarifies “Projected Revenue” Under HB242 Introduction In Newark Property Association...

Delaware Supreme Court Clarifies Workers’ Compensation Subrogation Against UIM Proceeds Is Limited to “Boardable” Damages (ProAssurance v. Manz)

Date: Nov 12, 2025

Workers’ Compensation Subrogation Against UIM Proceeds Is Limited to “Boardable” Damages: Delaware Supreme Court Applies Henry II in ProAssurance v. Manz Introduction In ProAssurance Group d/b/a...

No COVID-19 Excuse for Parental Inaction: Delaware Supreme Court Affirms TPR for Unintentional Abandonment and Failure to Plan

Date: Nov 1, 2025

No COVID-19 Excuse for Parental Inaction: Delaware Supreme Court Affirms TPR for Unintentional Abandonment and Failure to Plan Introduction In Storm v. Department of Services for Children, Youth and...

Harmless Misapplication of SENTAC Aggravators When Other Valid Factors Support Departure: Anderson v. State (Del. 2025)

Date: Oct 25, 2025

Harmless Misapplication of SENTAC Aggravators When Other Valid Factors Support Departure Anderson v. State, Supreme Court of Delaware (Oct. 24, 2025) Introduction In Anderson v. State, the Delaware...

Fairness Over Finality: Day‑of‑Sale Loan Reinstatement Is “Unfairness” Justifying Vacatur of a Sheriff’s Sale Without an Evidentiary Hearing

Date: Oct 25, 2025

Fairness Over Finality: Day‑of‑Sale Loan Reinstatement Is “Unfairness” Justifying Vacatur of a Sheriff’s Sale Without an Evidentiary Hearing Introduction In EN Properties, LLC v. Freedom Mortgage...

“Never” Means Never, and “Openly” Means Publicly: Delaware Supreme Court Clarifies the § 8-607(b)(1)(b) Exception to the Two-Year Parentage Limitations Period

Date: Oct 24, 2025

“Never” Means Never, and “Openly” Means Publicly: Delaware Supreme Court Clarifies the § 8-607(b)(1)(b) Exception to the Two-Year Parentage Limitations Period Introduction In Kelly Oscar and Jack...

Equitable Dissolution of Delaware Statutory Trusts for Contempt: Delaware Supreme Court Affirms Sanctions Reaching Beneficial Interests and Non‑Party Controllers to Protect S‑Corporation Status

Date: Oct 22, 2025

Equitable Dissolution of Delaware Statutory Trusts for Contempt: Delaware Supreme Court Affirms Sanctions Reaching Beneficial Interests and Non‑Party Controllers to Protect S‑Corporation Status...

No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction

Date: Oct 18, 2025

No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction...

Delaware Supreme Court Clarifies: No Duty to Disclose Preexisting Internal Projections and No Material Omission When Undisclosed Forecast Falls Within a Disclosed Range

Date: Oct 18, 2025

Internal Projections That Pre-Date a Solicitation and Fall Within a Disclosed Range Are Not Material Omissions Delaware Supreme Court affirms dismissal in Van den Wildenberg v. Sign‑Zone, refining...

Interpreter Ambiguity, Written Translations, and Anders/Rule 26(c) Review Clarified: Muniz‑Rodriguez v. State

Date: Oct 17, 2025

Interpreter Ambiguity, Written Translations, and Anders/Rule 26(c) Review Clarified: Muniz‑Rodriguez v. State Introduction In Muniz‑Rodriguez v. State, No. 120, 2025 (Del. Oct. 14, 2025), the...

No Duty to Disclose Zoning; County Website Errors and Bidder Mistake Are Not “Irregularities” Permitting Rescission of Delaware Sheriff’s Sales

Date: Oct 16, 2025

No Duty to Disclose Zoning; County Website Errors and Bidder Mistake Are Not “Irregularities” Permitting Rescission of Delaware Sheriff’s Sales Introduction In 248 Glenn Cove CP, LLC v. Delva...

Visitation Alone Does Not Defeat “Failure to Plan” in Termination of Parental Rights: Delaware Supreme Court Affirms TPR Where Parent Declines Case-Plan Services and Lacks Capacity for Medically Complex Care

Date: Oct 1, 2025

Visitation Alone Does Not Defeat “Failure to Plan” in Termination of Parental Rights: Delaware Supreme Court Affirms TPR Where Parent Declines Case-Plan Services and Lacks Capacity for Medically...

Miller v. State: Misstated Felony Class at Plea Is Not Plain Error When the Substantive Charge Matches the Reindictment and the Defendant Receives a Substantial Benefit; Remand for Possible Sentence Reduction

Date: Oct 1, 2025

Miller v. State: Misstated Felony Class at Plea Is Not Plain Error When the Substantive Charge Matches the Reindictment and the Defendant Receives a Substantial Benefit; Remand for Possible Sentence...

No Presumption of Juror Misconduct from Non‑Daily Admonitions; Smith’s Jury-Admonition Guidelines Reaffirmed and Modernized — Ushery v. State (Del. 2025)

Date: Sep 9, 2025

No Presumption of Juror Misconduct from Non‑Daily Admonitions; Smith’s Jury‑Admonition Guidelines Reaffirmed and Modernized — Ushery v. State (Del. 2025) Introduction In Ushery v. State (Del. Sept....

Clarifying § 1103(a)(9) and Rule 26.1(c) in Delaware TPR Appeals: Medical Examiner Evidence Can Establish “Unexplained Death or Serious Injury,” and Documentation Gaps Sustain “Failure to Plan”

Date: Sep 6, 2025

Clarifying § 1103(a)(9) and Rule 26.1(c) in Delaware TPR Appeals: Medical Examiner Evidence Can Establish “Unexplained Death or Serious Injury,” and Documentation Gaps Sustain “Failure to Plan”...

Massey v. State: Delaware Supreme Court Confirms Threshold Indicia of Falsity Required to Impeach with Prior Sexual Assault Allegations; Affirms Trial Courts’ Discretion to Allow Child-Comfort Aids

Date: Sep 5, 2025

Massey v. State: Delaware Supreme Court Confirms Threshold Indicia of Falsity Required to Impeach with Prior Sexual Assault Allegations; Affirms Trial Courts’ Discretion to Allow Child-Comfort Aids...

Substantial Issue Alone Is Insufficient: Delaware Supreme Court Reaffirms Strict Rule 42 Gatekeeping for Interlocutory Appeals in Complex Insurance Coverage Disputes

Date: Aug 31, 2025

Substantial Issue Alone Is Insufficient: Delaware Supreme Court Reaffirms Strict Rule 42 Gatekeeping for Interlocutory Appeals in Complex Insurance Coverage Disputes Introduction In Ace American...

Talley v. Horn: Mandatory Cancellation of Lis Pendens Under 25 Del. C. § 1606 and Affirmation of Fee-Shifting and Injunctive Relief for Serial Filers

Date: Aug 28, 2025

Talley v. Horn: Mandatory Cancellation of Lis Pendens Under 25 Del. C. § 1606 and Affirmation of Fee-Shifting and Injunctive Relief for Serial Filers Introduction In Talley v. Horn, No. 429, 2024...

Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims – Comment on John Paul Mac Isaac v. Politico LLC (2025)

Date: Aug 27, 2025

Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims Commentary on John Paul Mac Isaac v. Politico LLC, 319...