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Delaware Case Commentaries

“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

“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

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

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

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

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

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

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

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)

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”

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

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...
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)

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...
Delaware Supreme Court Extends Rite Aid’s “Specific-and-Individualized Injury” Test to Property Damage and Endorsements – Commentary on In re CVS Opioid Insurance Litigation (2025)

Delaware Supreme Court Extends Rite Aid’s “Specific-and-Individualized Injury” Test to Property Damage and Endorsements – Commentary on In re CVS Opioid Insurance Litigation (2025)

Date: Aug 25, 2025
Delaware Supreme Court Extends Rite Aid’s “Specific-and-Individualized Injury” Test to Property Damage and Endorsements Introduction In In re CVS Opioid Insurance Litigation, No. 482, 2024 (Aug. 18,...
Scarborough Refined: Delaware Supreme Court Clarifies Strickland-Prejudice Analysis for Missed Plea-Withdrawal Motions

Scarborough Refined: Delaware Supreme Court Clarifies Strickland-Prejudice Analysis for Missed Plea-Withdrawal Motions

Date: Aug 15, 2025
Scarborough Refined: Delaware Supreme Court Clarifies Strickland-Prejudice Analysis for Missed Plea-Withdrawal Motions Introduction In Smith v. State, No. 179, 2024 (Del. Aug. 14, 2025), the Supreme...
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

Date: Aug 13, 2025
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals 1. Introduction The Supreme Court of Delaware, sitting en...
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation

Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation

Date: Aug 12, 2025
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation Introduction Zimmer v. Nichols, decided by the Supreme Court of Delaware on 11 August 2025,...
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence

Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence

Date: Aug 12, 2025
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence Introduction In Stevens v. State, the Supreme Court of Delaware addressed whether the State must...
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

Date: Aug 9, 2025
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144 1. Introduction In In the Matter of Rolf D. Brewster, a...
Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes

Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes

Date: Aug 7, 2025
Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes 1. Introduction Kirby v. Perkins, Supreme Court...
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors

Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors

Date: Jul 30, 2025
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors Introduction Gustave v. State, No. 382, 2024 (Del....
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