Supreme Court Justice Jack Jacobs Announces Retirement

Delaware Supreme Court Justice Jack Jacobs, an iconic intellectual leader of the Delaware judiciary, serving on both Delaware’s High Court and the Court of Chancery for a combined total of nearly 30 years, has announced his retirement from the bench. … Continue reading

Delaware Supreme Court Recognizes Right to Bear Arms Outside Home

Doe v. Wilmington Housing Authority, et al., Del. Supr., No. 403, 2013 (March 18, 2014). Important Case: Today’s unanimous Delaware Supreme Court opinion, en banc, is one of the few in the country that has expressly recognized that there is a … Continue reading

Supreme Court Affirms Ouster of CEO Based on Acquiescence

Klaassen v. Allegro Development Corp., No. 583, 213 (Del. March 14, 2014) Why this case is Important:  This case upheld a decision of the Court of Chancery that applied the equitable defense of acquiescence to bar a challenge by a … Continue reading

Delaware Supreme Court Affirms Decision to Use Business Judgment Standard of Review in Controlling Stockholder Buyout Where Merger Conditioned Ab Initio on Two Procedural Protections — Majority of Minority Vote and Special Committee Approval

This post was prepared by Kevin F. Brady Kahn v. M & F Worldwide Corp., Del. Supr., No. 334, 2013 (March 14, 2014) The Delaware Supreme Court today affirmed the Court of Chancery’s decision granting summary judgment to the defendants … Continue reading

Former Chancellor Leo Strine, Jr. is now Chief Justice of the Delaware Supreme Court

As presaged on these pages and elsewhere when the Governor nominated him for the position, yesterday Delaware’s new Chief Justice was sworn in. Chief Justice Strine now leaves a vacancy in the position of Chancellor for the Court of Chancery which … Continue reading

Confidentiality in the Court of Chancery

There are two separate pending matters that relate to confidentiality in the Court of Chancery and what details of litigation pending in the court may be properly withheld from the public. One is an appeal to the Delaware Supreme Court … Continue reading

Supreme Court Clarifies Delaware Law on Forum Non Conveniens

Martinez v. E.I. duPont de Nemours & Co., Inc., Del. Supr., No. 669, 2012 (Feb. 20, 2014). Why One Should Care About This Decision: This Delaware Supreme Court opinion clarifies the “overwhelming hardship” standard applicable to the law of forum … Continue reading

Supreme Court Addresses Standard for Admission of Social Media Evidence

Parker v. State,  Del. Supr., No. 38, 2013 (Feb. 5, 2014). Takeaway: The Delaware Supreme Court in this case of first impression applies Rules 104 and 901 of the Delaware Rules of Evidence to determine the standard in Delaware for introduction into … Continue reading

Leo Strine Jr. Confirmed as Delaware Supreme Court Chief Justice

The Delaware Senate has confirmed the nomination of Chancellor Leo Strine, Jr. as the Chief Justice of the Delaware Supreme Court. A new era of the Delaware judiciary has begun.

No Right of Minority in Delaware to Put Shares to Corporation

Blaustein v. Lord Baltimore Capital Corp., No. 272, 2013 (Del. Jan. 21, 2014). Issue Addressed: Whether the common law imposes any duty on directors of closely held corporations to consider buying out minority stockholders. Short Answer: No Short Highlights This Delaware … Continue reading