Delaware Case Commentaries

Cornette v. State — Pardon-Based Expungement Is Charge-Specific and Permits Partial Expungement Orders

Date: Feb 7, 2026

Pardon-Based Expungement Is Charge-Specific and Permits Partial Expungement Orders (11 Del. C. § 4375) Case: Cornette v. State (Supreme Court of Delaware) Date: February 5, 2026 Disposition: Reversed...

Morales-Garcia v. State: Plain-Error Reversal When the State Uses a Co-Defendant’s Guilty Plea in Opening and Through Other Witnesses; Delaware Adopts ABA Opening-Statement Limits

Date: Feb 5, 2026

Morales-Garcia v. State: Plain-Error Reversal When the State Uses a Co-Defendant’s Guilty Plea in Opening and Through Other Witnesses; Delaware Adopts ABA Opening-Statement Limits Introduction...

Consideration Is Measured at Contract Formation—Equity Forfeiture Does Not Void Restrictive Covenants

Date: Feb 5, 2026

Consideration Is Measured at Contract Formation—Equity Forfeiture Does Not Void Restrictive Covenants Introduction In North American Fire Ultimate Holdings, LP v. Alan Doorly (Del. Feb. 3, 2026), the...

Known Complication Evidence Does Not Require a Special “Risk” Limiting Instruction in Delaware Medical Negligence Trials

Date: Feb 3, 2026

Known Complication Evidence Does Not Require a Special “Risk” Limiting Instruction in Delaware Medical Negligence Trials Introduction Deanna McKeehan v. Delaware Neurosurgical Group and Paul T....

Derivative Fee Awards Must Exclude Intrinsic Value of Cancelled Returned Options Absent Proven Corporate or Recognized Investor-Level Benefit

Date: Feb 2, 2026

Derivative Fee Awards Must Exclude Intrinsic Value of Cancelled Returned Options Absent Proven Corporate or Recognized Investor-Level Benefit 1. Introduction In re Tesla, Inc. Director Compensation...

Rule 42’s “Exceptional Circumstances” Standard Bars Interlocutory Review of Fact-Bound Ancillary Personal Jurisdiction Rulings

Date: Feb 1, 2026

Rule 42’s “Exceptional Circumstances” Standard Bars Interlocutory Review of Fact-Bound Ancillary Personal Jurisdiction Rulings 1. Introduction In Lester L. Cole v. STI Group Holdco, LLC (Del. Jan....

Finney v. State — Rule 12 Waiver: Unraised Suppression Grounds (and Record-Precluding Defaults) Bar Appellate Fourth Amendment Review

Date: Jan 31, 2026

Finney v. State — Rule 12 Waiver: Unraised Suppression Grounds (and Record-Precluding Defaults) Bar Appellate Fourth Amendment Review 1. Introduction In Finney v. State (Del. Jan. 28, 2026), Artezz...

DeAngelis v. State: A Trial Judge’s Neutral Explanation of Partial Verdicts Is Not an Allen Charge Absent Deadlock or Coercive Pressure

Date: Jan 31, 2026

DeAngelis v. State: A Trial Judge’s Neutral Explanation of Partial Verdicts Is Not an Allen Charge Absent Deadlock or Coercive Pressure I. Introduction In DeAngelis v. State (Del. Jan. 28, 2026), the...

Delaware’s Two-Step “Bump-Up” Rule: Allegations Can Trigger the Clause, but Insurers Must Prove the Settlement Actually Increased Deal Consideration

Date: Jan 29, 2026

Delaware’s Two-Step “Bump-Up” Rule: Allegations Can Trigger the Clause, but Insurers Must Prove the Settlement Actually Increased Deal Consideration Case: Illinois National Insurance Company and...

Good-Faith Ceremonial Marriages Survive Witness Defects: Delaware Treats § 106(a)(4) as Directory and Bars Post-Death “Declaratory” Annulments

Date: Jan 29, 2026

Good-Faith Ceremonial Marriages Survive Witness Defects: Delaware Treats § 106(a)(4) as Directory and Bars Post-Death “Declaratory” Annulments Case: Russell L. Lafon, Sr., as Personal Representative...

Delaware Divorce Fee-Shifting: Settlement-Offer Comparisons Cannot Override the Movant’s Concealment/Dissipation and the Parties’ Financial Resources

Date: Jan 29, 2026

Delaware Divorce Fee-Shifting: Settlement-Offer Comparisons Cannot Override the Movant’s Concealment/Dissipation and the Parties’ Financial Resources Case: Winston, Audrey v. Kevin Winston (Supreme...

Circumstantial Proof of “Physical Union” in Oral-Sex Rape and Plain-Error Review When No Acquittal Motions Are Made (Mayhan v. State)

Date: Jan 22, 2026

Circumstantial Proof of “Physical Union” in Oral-Sex Rape and Plain-Error Review When No Acquittal Motions Are Made 1. Introduction In Mayhan v. State (Del. Jan. 20, 2026), the Supreme Court of...

Contested Unconscionability of Marital Separation Agreements Requires an Evidentiary Hearing Before Set-Aside

Date: Jan 22, 2026

Contested Unconscionability of Marital Separation Agreements Requires an Evidentiary Hearing Before Set-Aside Case: Dorsey, Ralph v. Daphne Milner (Supreme Court of Delaware, Jan. 20, 2026) Posture:...

Voidable (Not Void) § 141(a) Governance Constraints and Laches: Facial Challenges Accrue on Contract Execution

Date: Jan 21, 2026

Voidable (Not Void) § 141(a) Governance Constraints and Laches: Facial Challenges Accrue on Contract Execution 1. Introduction Case: Moelis & Company v. West Palm Beach Firefighters' Pension Fund...

Suber v. State — Plain-Error Reversal for Indirect-Hearsay Lineup Identification Violating Confrontation Rights

Date: Jan 16, 2026

Plain-Error Reversal for Indirect-Hearsay Lineup Identification Violating Confrontation Rights Case: Suber v. State (Supreme Court of Delaware, Jan. 15, 2026) Disposition: Convictions vacated; case...

Boyce v. State — VOP Reimposition May Include § 4204(k) “Day-for-Day” Time; § 3901(d) Consecutive/Concurrent Challenges Often Sound in “Illegal Manner” and Are Rule 35(b) Time-Barred

Date: Jan 16, 2026

Boyce v. State: VOP Reimposition May Include § 4204(k) “Day-for-Day” Time; § 3901(d) Consecutive/Concurrent Challenges Often Sound in “Illegal Manner” and Are Rule 35(b) Time-Barred Court: Supreme...

Wilson v. State: Delayed Brady Disclosure Warrants Relief Only If Material and Not Effectively Usable; Stipulation Can Cure Prejudice

Date: Jan 16, 2026

Wilson v. State: Delayed Brady Disclosure Warrants Relief Only If Material and Not Effectively Usable; Stipulation Can Cure Prejudice Court: Supreme Court of Delaware Date: January 15, 2026...

Earnout Milestones Cannot Be Rewritten via the Implied Covenant; Exclusive-Remedy Clauses Do Not Bar Extra-Contractual Fraud Without a Buyer-Side Anti-Reliance

Date: Jan 14, 2026

Earnout Milestones Cannot Be Rewritten via the Implied Covenant; Exclusive-Remedy Clauses Do Not Bar Extra-Contractual Fraud Without a Buyer-Side Anti-Reliance Introduction Johnson & Johnson v....

Reindictment After Nolle Prosequi (Before Jeopardy Attaches) Does Not Offend Double Jeopardy or “Judicial Manipulation” Absent Improper State Purpose

Date: Jan 10, 2026

Reindictment After Nolle Prosequi (Before Jeopardy Attaches) Does Not Offend Double Jeopardy or “Judicial Manipulation” Absent Improper State Purpose Case: Fayton v. State Court: Supreme Court of...

Quiet Title in Delaware: “Clear and Convincing” for Title Strength, but “Preponderance” for Lineage Facts; Laches Requires Prejudice

Date: Jan 8, 2026

Quiet Title in Delaware: “Clear and Convincing” for Title Strength, but “Preponderance” for Lineage Facts; Laches Requires Prejudice 1. Introduction In Chavez T. Williams v. Cynthia H. Hall (Del....

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