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Delaware Case Commentaries

Sunline v. CITGO: Delaware Supreme Court Clarifies Use of Parol Evidence in Contractual Ambiguities

Sunline v. CITGO: Delaware Supreme Court Clarifies Use of Parol Evidence in Contractual Ambiguities

Date: Mar 8, 2019
Sunline v. CITGO: Delaware Supreme Court Clarifies Use of Parol Evidence in Contractual Ambiguities Introduction The case of Sunline Commercial Carriers, Inc. v. CITGO Petroleum Corporation, 206 A.3d...
Delaware Supreme Court Affirms Enforcement of Purchase Agreement Conditions in Real Estate Transactions

Delaware Supreme Court Affirms Enforcement of Purchase Agreement Conditions in Real Estate Transactions

Date: Dec 21, 2018
Delaware Supreme Court Affirms Enforcement of Purchase Agreement Conditions in Real Estate Transactions Introduction In the case of Kamal Bathla v. 913 Market, LLC, the Supreme Court of Delaware...
Delaware Supreme Court Affirms Life Without Parole Post-Rauf in ZEBROSKI v. STATE

Delaware Supreme Court Affirms Life Without Parole Post-Rauf in ZEBROSKI v. STATE

Date: Jan 26, 2018
Delaware Supreme Court Affirms Life Without Parole Post-Rauf in ZEBROSKI v. STATE Introduction The case of Craig A. ZEBROSKI v. STATE of Delaware (179 A.3d 855) presents a pivotal moment in...
Delaware Supreme Court Establishes Requirement for Mortgage Holder to Also Hold the Note to Effectively Foreclose

Delaware Supreme Court Establishes Requirement for Mortgage Holder to Also Hold the Note to Effectively Foreclose

Date: Apr 18, 2017
Delaware Supreme Court Establishes Requirement for Mortgage Holder to Also Hold the Note to Effectively Foreclose Introduction The case of J.M. Shrewsbury, a/k/a J. Michael Shrewsbury, and Kathy...
Delaware Supreme Court Clarifies 'Commercially Reasonable Efforts' Obligations and Burden Allocation in Merger Agreements

Delaware Supreme Court Clarifies 'Commercially Reasonable Efforts' Obligations and Burden Allocation in Merger Agreements

Date: Mar 24, 2017
Delaware Supreme Court Clarifies 'Commercially Reasonable Efforts' Obligations and Burden Allocation in Merger Agreements Introduction The Delaware Supreme Court's decision in The Williams Companies,...
Delaware Supreme Court Establishes Broad Interpretation of Fee-Shifting Provisions in Promissory Notes

Delaware Supreme Court Establishes Broad Interpretation of Fee-Shifting Provisions in Promissory Notes

Date: Feb 28, 2017
Delaware Supreme Court Establishes Broad Interpretation of Fee-Shifting Provisions in Promissory Notes Introduction The case of Joseph L. Washington et al. v. Preferred Communication Systems, Inc....
Delaware Supreme Court Reinforces Strict Criteria for Rule 35(b) Sentence Modifications

Delaware Supreme Court Reinforces Strict Criteria for Rule 35(b) Sentence Modifications

Date: Dec 9, 2016
Delaware Supreme Court Reinforces Strict Criteria for Rule 35(b) Sentence Modifications Introduction In the landmark case State of Delaware v. Catherine W. Culp, reported at 152 A.3d 141, the Supreme...
Delaware's Death Penalty Statute Struck Down for Violating Sixth Amendment Jury Rights

Delaware's Death Penalty Statute Struck Down for Violating Sixth Amendment Jury Rights

Date: Aug 3, 2016
Delaware's Death Penalty Statute Struck Down for Violating Sixth Amendment Jury Rights Introduction In the landmark case of Benjamin Rauf v. State of Delaware (145 A.3d 430), the Supreme Court of...
LTL Acres Limited Partnership v. Butler Manufacturing Co. & Dryvit Systems: Extending the Statute of Limitations for Warranties of Future Performance

LTL Acres Limited Partnership v. Butler Manufacturing Co. & Dryvit Systems: Extending the Statute of Limitations for Warranties of Future Performance

Date: Apr 12, 2016
LTL Acres Limited Partnership v. Butler Manufacturing Co. & Dryvit Systems: Extending the Statute of Limitations for Warranties of Future Performance Introduction The case of LTL Acres Limited...
State v. Spence: Establishing Boundaries for Prosecutorial Use of PowerPoint in Closing Arguments

State v. Spence: Establishing Boundaries for Prosecutorial Use of PowerPoint in Closing Arguments

Date: Nov 14, 2015
State v. Spence: Establishing Boundaries for Prosecutorial Use of PowerPoint in Closing Arguments Introduction In State v. Spence, 129 A.3d 212 (Del. 2015), the Supreme Court of Delaware addressed...
Delaware Supreme Court Affirms Standards for Ineffective Assistance of Counsel in Monroe v. State

Delaware Supreme Court Affirms Standards for Ineffective Assistance of Counsel in Monroe v. State

Date: Mar 26, 2015
Delaware Supreme Court Affirms Standards for Ineffective Assistance of Counsel in Monroe v. State Introduction In Monroe v. State of Delaware, 28 A.3d 418 (Del. 2011), the Delaware Supreme Court...
Delaware Supreme Court Clarifies Voting Agreement Interpretation: Per Share vs. Per Capita Voting Schemes

Delaware Supreme Court Clarifies Voting Agreement Interpretation: Per Share vs. Per Capita Voting Schemes

Date: Dec 10, 2014
Delaware Supreme Court Clarifies Voting Agreement Interpretation: Per Share vs. Per Capita Voting Schemes Introduction In the landmark case of Gary Salamone, Mike Dura, and Robert W. Halder v. John...
Delaware Supreme Court Establishes Business Judgment Rule for Dual Protection Controller Mergers

Delaware Supreme Court Establishes Business Judgment Rule for Dual Protection Controller Mergers

Date: Mar 15, 2014
Delaware Supreme Court Establishes Business Judgment Rule for Dual Protection Controller Mergers Introduction In the landmark case of Alan KAHN, Samuel Pill, Irwin Pill, Rachel Pill, and Charlotte...
Clarifying Equitable Defenses in CEO Removal: Delaware Supreme Court's Decision in Klaassen v. Allegro Development Corporation

Clarifying Equitable Defenses in CEO Removal: Delaware Supreme Court's Decision in Klaassen v. Allegro Development Corporation

Date: Mar 15, 2014
Clarifying Equitable Defenses in CEO Removal: Delaware Supreme Court's Decision in Klaassen v. Allegro Development Corporation Introduction In the landmark case of Klaassen v. Allegro Development...
State's Authority to Subpoena Prison Communications in Witness Tampering Cases: Whitehurst v. State of Delaware

State's Authority to Subpoena Prison Communications in Witness Tampering Cases: Whitehurst v. State of Delaware

Date: Dec 21, 2013
State's Authority to Subpoena Prison Communications in Witness Tampering Cases: Whitehurst v. State of Delaware Introduction Izzy Whitehurst v. State of Delaware (83 A.3d 362, 2013) is a pivotal case...
Delaware Supreme Court Affirms Limits on Implied Covenant and Indemnification in Post-Merger Third-Party Claims

Delaware Supreme Court Affirms Limits on Implied Covenant and Indemnification in Post-Merger Third-Party Claims

Date: Oct 9, 2013
Delaware Supreme Court Affirms Limits on Implied Covenant and Indemnification in Post-Merger Third-Party Claims Introduction The case of Winshall v. Viacom International Inc. and Harmonix Music...
Assessing Prejudice in Ineffective Assistance Claims: Delaware Supreme Court's Ploof Decision

Assessing Prejudice in Ineffective Assistance Claims: Delaware Supreme Court's Ploof Decision

Date: Aug 16, 2013
Assessing Prejudice in Ineffective Assistance Claims: Delaware Supreme Court's Ploof Decision Introduction The case of Gary PLOOF v. STATE of Delaware (75 A.3d 811) represents a significant...
Reaffirming Contractual Duty of Subjective Good Faith in Delaware Limited Partnerships

Reaffirming Contractual Duty of Subjective Good Faith in Delaware Limited Partnerships

Date: Jul 23, 2013
Reaffirming Contractual Duty of Subjective Good Faith in Delaware Limited Partnerships Introduction The case of William Allen v. Encore Energy Partners, L.P. presents a significant affirmation of the...
Implied Covenant of Good Faith Overrides Contractual Provisions in Delaware Limited Partnerships

Implied Covenant of Good Faith Overrides Contractual Provisions in Delaware Limited Partnerships

Date: Jun 11, 2013
Implied Covenant of Good Faith Overrides Contractual Provisions in Delaware Limited Partnerships Introduction In the case of Joel A. Gerber v. Enterprise Products Holdings, LLC et al., decided by the...
Delaware Supreme Court Affirms Contractual Safe Harbor for General Partners in Limited Partnership Mergers

Delaware Supreme Court Affirms Contractual Safe Harbor for General Partners in Limited Partnership Mergers

Date: May 29, 2013
Delaware Supreme Court Affirms Contractual Safe Harbor for General Partners in Limited Partnership Mergers Introduction In the pivotal case of Edward F. Norton, III and Ken Poesl v. K–SEA...
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