Delaware Case Commentaries

Payscale Inc. v. Norman: Delaware Pleading-Stage Limits on Declaring Restrictive Covenants Unenforceable

Date: Mar 21, 2026

Payscale Inc. v. Norman: Delaware Pleading-Stage Limits on Declaring Restrictive Covenants Unenforceable 1. Introduction In Payscale Inc. v. Erin Norman and BetterComp, Inc. (Del. Mar. 19, 2026), the...

Collateral Estoppel Requires an Issue Essential to the Prior Judgment: Compensation Findings in a § 17-305 Standing Decision Are Not Preclusive

Date: Mar 20, 2026

Collateral Estoppel Requires an Issue Essential to the Prior Judgment: Compensation Findings in a § 17-305 Standing Decision Are Not Preclusive Case: David A. Handler v. Centerview Partners Holdings...

Johnson v. State: Inaction Cannot Support Accomplice Liability Absent a Legal Duty Under 11 Del. C. § 271(2)(c)

Date: Mar 20, 2026

Johnson v. State: Inaction Cannot Support Accomplice Liability Absent a Legal Duty Under 11 Del. C. § 271(2)(c) 1. Introduction In Johnson v. State (Del. Mar. 18, 2026), the Delaware Supreme Court...

Record-Plan Signature Rule: A Landowner’s Certification on a Recorded Plan Can Create an Enforceable Private Express Easement Despite County-Only Enforcement of “Plan Notes”

Date: Mar 20, 2026

Record-Plan Signature Rule: A Landowner’s Certification on a Recorded Plan Can Create an Enforceable Private Express Easement Despite County-Only Enforcement of “Plan Notes” 1. Introduction Reybold...

Cabrera v. State — Plain-Error Limits on (1) Kidnapping Mens Rea Instruction Omissions and (2) Interpreter-Bias Voir Dire

Date: Mar 13, 2026

Plain-Error Limits on (1) Kidnapping Mens Rea Instruction Omissions and (2) Interpreter-Bias Voir Dire 1. Introduction In Cabrera v. State (Del. Mar. 10, 2026), the Supreme Court of Delaware affirmed...

Unintentional Abandonment Requires Recent Action: A Prior Paternity Filing Outside the 18‑Month Lookback Does Not Satisfy 13 Del. C. § 1103(a)(3)a.2

Date: Mar 10, 2026

Unintentional Abandonment Requires Recent Action: A Prior Paternity Filing Outside the 18‑Month Lookback Does Not Satisfy 13 Del. C. § 1103(a)(3)a.2 1. Introduction In Walker, Amanda v. Topher...

Fry v. State — Totality-of-the-Record Validation of Waiver of Counsel Without Mechanical Briscoe/Welty Recitation

Date: Mar 3, 2026

Totality-of-the-Record Validation of Waiver of Counsel Without Mechanical Briscoe/Welty Recitation (Fry v. State) 1. Introduction In Fry v. State (Del. Mar. 2, 2026), the Supreme Court of Delaware...

Appellate Deference to IAB Fact-Finding on Sole Proprietor Workers’ Compensation Elections

Date: Mar 3, 2026

Appellate Deference to IAB Fact-Finding on Sole Proprietor Workers’ Compensation Elections Case: Red House Motors d/b/a Bayly's Garage v. Robert Bayly (Del. Supr. Mar. 2, 2026) Court: Supreme Court...

Late-Filed Non-Relative Guardianship Petitions Need Not Delay TPR Proceedings—and Issues Not Substantively Briefed Are Waived

Date: Mar 1, 2026

Late-Filed Non-Relative Guardianship Petitions Need Not Delay TPR Proceedings—and Issues Not Substantively Briefed Are Waived 1. Introduction In Carrie Lloyd v. Department of Services for Children,...

SB 21 Is Constitutional: DGCL § 144 Safe Harbors May Limit Remedies Without Divesting Chancery Equity Jurisdiction, and May Apply Retroactively

Date: Mar 1, 2026

SB 21 Is Constitutional: DGCL § 144 Safe Harbors May Limit Remedies Without Divesting Chancery Equity Jurisdiction, and May Apply Retroactively I. Introduction This certified-questions proceeding...

Reaffirming Sierra: Fifth Amendment Does Not Prevent Termination for “Failure to Plan” When a Parent Refuses to Acknowledge Credible Abuse and Safety Conditions Remain

Date: Mar 1, 2026

Reaffirming Sierra: Fifth Amendment Does Not Prevent Termination for “Failure to Plan” When a Parent Refuses to Acknowledge Credible Abuse and Safety Conditions Remain 1. Introduction In Thomas...

Treating-Physician No-Work Orders Control Temporary Total Disability, and the IAB May Reopen Its Decision to Correct Legal Error

Date: Mar 1, 2026

Treating-Physician No-Work Orders Control Temporary Total Disability, and the IAB May Reopen Its Decision to Correct Legal Error Case: United Parcel Service v. Ashley A. Smith Court: Supreme Court of...

Extraordinary Writs Are Not a Vehicle to Relitigate Postconviction Claims; Repetitive Filings May Prompt a Filing Injunction

Date: Feb 27, 2026

Extraordinary Writs Are Not a Vehicle to Relitigate Postconviction Claims; Repetitive Filings May Prompt a Filing Injunction 1. Introduction In the Matter of the Petition of Michael T. Washington for...

Consensual Entry Can Become “Unlawful Remaining” for Delaware Home Invasion; Rule 26(c) Plain-Error Review Applied

Date: Feb 18, 2026

Consensual Entry Can Become “Unlawful Remaining” for Delaware Home Invasion; Rule 26(c) Plain-Error Review Applied 1. Introduction Flowers v. State is a direct appeal from Superior Court convictions...

Delaware Supreme Court: § 2704(b) STOLI Proceeds-Recovery Claims Are Governed by the Three-Year Limitations Period in 10 Del. C. § 8106(a)

Date: Feb 18, 2026

§ 2704(b) Insurable-Interest “Proceeds Recovery” Actions Are Subject to Delaware’s Three-Year Statute of Limitations (10 Del. C. § 8106(a)) GWG DLP Master Trust Dated 03/01/06 v. Estate of Norman...

Fortis Advisors LLC v. Stillfront Midco AB: Earnout “Arbitration” Framing Controls and Earnout-Related Bad-Faith/Information Claims Are for the Arbitrator

Date: Feb 15, 2026

Earnout “Arbitration” Framing Controls and Earnout-Related Bad-Faith/Information Claims Are for the Arbitrator Introduction Fortis Advisors, LLC (acting solely as seller representative) appealed two...

Delaware Notice-Pleading Permits Aggregated Subrogation/Assignment Claims and Generally Pled Proximate Cause in Cyber-Breach Contract Suits

Date: Feb 15, 2026

Delaware Notice-Pleading Permits Aggregated Subrogation/Assignment Claims and Generally Pled Proximate Cause in Cyber-Breach Contract Suits I. Introduction In Travelers Casualty and Surety Company of...

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Delaware Case Commentaries

Payscale Inc. v. Norman: Delaware Pleading-Stage Limits on Declaring Restrictive Covenants Unenforceable

Collateral Estoppel Requires an Issue Essential to the Prior Judgment: Compensation Findings in a § 17-305 Standing Decision Are Not Preclusive

Johnson v. State: Inaction Cannot Support Accomplice Liability Absent a Legal Duty Under 11 Del. C. § 271(2)(c)

Record-Plan Signature Rule: A Landowner’s Certification on a Recorded Plan Can Create an Enforceable Private Express Easement Despite County-Only Enforcement of “Plan Notes”

Cabrera v. State — Plain-Error Limits on (1) Kidnapping Mens Rea Instruction Omissions and (2) Interpreter-Bias Voir Dire

Unintentional Abandonment Requires Recent Action: A Prior Paternity Filing Outside the 18‑Month Lookback Does Not Satisfy 13 Del. C. § 1103(a)(3)a.2

Fry v. State — Totality-of-the-Record Validation of Waiver of Counsel Without Mechanical Briscoe/Welty Recitation

Appellate Deference to IAB Fact-Finding on Sole Proprietor Workers’ Compensation Elections

Late-Filed Non-Relative Guardianship Petitions Need Not Delay TPR Proceedings—and Issues Not Substantively Briefed Are Waived

SB 21 Is Constitutional: DGCL § 144 Safe Harbors May Limit Remedies Without Divesting Chancery Equity Jurisdiction, and May Apply Retroactively

Reaffirming Sierra: Fifth Amendment Does Not Prevent Termination for “Failure to Plan” When a Parent Refuses to Acknowledge Credible Abuse and Safety Conditions Remain

Treating-Physician No-Work Orders Control Temporary Total Disability, and the IAB May Reopen Its Decision to Correct Legal Error

Extraordinary Writs Are Not a Vehicle to Relitigate Postconviction Claims; Repetitive Filings May Prompt a Filing Injunction

Consensual Entry Can Become “Unlawful Remaining” for Delaware Home Invasion; Rule 26(c) Plain-Error Review Applied

Delaware Supreme Court: § 2704(b) STOLI Proceeds-Recovery Claims Are Governed by the Three-Year Limitations Period in 10 Del. C. § 8106(a)

Fortis Advisors LLC v. Stillfront Midco AB: Earnout “Arbitration” Framing Controls and Earnout-Related Bad-Faith/Information Claims Are for the Arbitrator

Delaware Notice-Pleading Permits Aggregated Subrogation/Assignment Claims and Generally Pled Proximate Cause in Cyber-Breach Contract Suits

Unpreserved Strict-Scrutiny Challenges in Delaware TPR Appeals Are Limited to Plain-Error Review

Rule 60(b)(6) Relief in Default Ancillary Divorce Orders: Property Division May Not Exceed the Noticed Request

Wilcox v. State — Circumstantial Authentication of Vehicle EDR Data and the Rejection of Speculative Brady Claims