Where to Obtain Supreme Court Opinions. The Delaware Supreme Court disagreed with the Court of Chancery, finding the Settlement Agreement was a Type II preliminary agreement that obligates the parties to negotiate open items in good faith. Argued November 27, 2007—Decided March 31, 2008 . Pho: 317-232-2540 Fax: 317-232-8372 2021), the Delaware Supreme Court adopted a new three-part test for evaluating demand futility, "blending . The Supreme Court of Ohio & The Ohio Judicial System. State Court Opinions. Dates of Early Supreme Court Decisions and Arguments: 2 Dall. Supr., No. Cases are browsable by date and searchable by docket number, case title, and full text. To search the entire web site click here: Opinion Text Search: . On September 23, 2021, in United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund v.Zuckerberg, No. NEW JERSEY . Welcome to FindLaw's searchable database of Supreme Court of Delaware decisions since January 1997. AW Site Services, LLC, C.A. A discussion of those case decisions can be accessed here. Jones v. State Annotate this Case. February 24, 2022 @ 11:00 AM - 12:30 PM. Download PDF. Aranda v.Philip Morris USA Inc., Del. Justia Contracts Opinion Summaries Articles Posted in Delaware Supreme Court. The Delaware case reaffirmed the position that directors may be subject to liability . Third, the case law—the Court of Chancery and the Delaware Supreme Court both have a historical tradition of issuing reasoned written opinions supporting their decisions, thus allowing a significant body of precedent to accumulate over many decades. SUPREME COURT OF THE UNITED STATES . The Supreme Court quoted extensively from the Hexion opinion, and described that the buyer in the Hexion case required financing to complete a transaction. The Superior Court, relying on the Supreme Court's decision in Greco v. University of Delaware, 619 A.2d 900 (Del. 241, 2021 Court Below: Superior Court of the State of . April 8, 2022 Judgment was reversed and the matter remanded for further proceedings. In United Food and Commercial Workers Union v. Zuckerberg, et al. Judges, not juries, decide all corporate cases and must give reasons for their rulings. 201, 2021 Court Below-Superior Court of the State of Delaware C.A. Mar. No. On July 16, the Supreme Court issued an order reversing the Superior Court and allowing Capriglione to take the oath of office. This case concerns a Delaware constitutional provision Delaware Supreme Court Decisions. Following a review of Delaware cases considering the stockholder ratification defense with respect to self-interested compensation decisions, the Supreme Court noted that the defense had been . All opinions are later compiled and printed in the United States Reports, the Court's official publication. A recent Delaware Supreme Court decision may help curb this worrying trend. Retired Delaware Supreme Court Justice Randy J. Holland died on Tuesday, he was the youngest person appointed to the Delaware Supreme Court and went on to become the longest-serving Justice § § No. Below displays a list of the most recent opinions. The Delaware Supreme Court has announced a revised standard for an important aspect of corporate litigation: the analysis of pre-suit demand futility for purposes of pursuing a derivative stockholder claim, in United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund. The Supreme Court on Thursday tossed out a challenge to a Delaware constitutional provision requiring that appointments to the state's major courts reflect a political balance. 3. The Supreme Court of Delaware is the sole appellate court in the United States state of Delaware.Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisions, particularly in the area of mergers and acquisitions. CN19-03084 § Petition No. The Delaware Supreme Court concluded the Superior Court's rulings on the Bulkhead Stabilization project as a capital improvement or rehabilitation work was correct, however, the Act did not permit Hometown to incorporate the capital improvement component of the 2017 and 2018 rent increases into a lot's base rent for succeeding years after . The year 2019 was been another active period for valuation cases in the Delaware courts. Expectation damages may now be awarded for breach of "preliminary agreements" in Delaware—even when the amount of damages is not "reasonably certain." The Supreme Court held that, because the defendant's bad faith breach led both to the failure 9, 2022), while acknowledging that the Delaware Supreme Court has not definitively ruled on this issue, the Court of Chancery expressed confidence in stating that Delaware is a "pro-sandbagging state" for purposes of allowing a buyer to bring claims for breach of contractual . The Delaware Supreme Court agreed with the Superior Court that the Division's policy was invalid, but it affirmed on alternate grounds: the policy exceeded the authority granted to the Division by the General Assembly in 30 Del. Murdock, the Supreme Court affirmed decisions holding that losses due to the fraudulent actions of an officer or director of a Delaware corporation are insurable under Delaware law. The opinions add up to 143 pages, and include a hot debate on the individual rights view of the Second Amendment, the correctness of Heller and the Delaware Doe precedent, the right to carry guns . 20-21591 § § § Submitted: February 18, 2022 Decided: April 18, 2022 122, 2021 Court Below-Family Court of the State of Delaware File No. C. sections 1901- 1903. CN19-03084 § Petition No. Of the 115 justices to serve on the Supreme Court, 16 have been confirmed since Biden was elected to the Senate half a century ago. In the opinion, justices said an indictment alone is not enough to seek removal of an elected official from office. Aranda v. Phillip Morris USA, 183 A.3d 1245 (Del. FindLaw offers a free RSS feed for this court. JOHN C. CARNEY, GOVERNOR OF DELAWARE, PETITIONER . All questions regarding the Annual Registration Statement should be directed to Lisa A. Dolph, Clerk of the Delaware Supreme Court, by telephone, (302) 739-4155, or e-mail, lisa.dolph@delaware.gov. The court analyzed [440 U.S. 648, 653] the various decisions interpreting the Federal Constitution, concluded that the Fourth Amendment foreclosed spot checks of automobiles, and summarily held that the State Constitution was . Justia Contracts Opinion Summaries Articles Posted in Delaware Supreme Court. Supreme Court of Delaware Cases. Subscribe. IN THE SUPREME COURT OF THE STATE OF DELAWARE CALEB RAVIN,1 Petitioner Below, Appellant, v. JUNE UNDERHILL, Respondent Below, Appellee. Syllabus . FindLaw offers a free RSS feed for this court. The Delaware Supreme Court agreed with the Superior Court that the Division's policy was invalid, but it affirmed on alternate grounds: the policy exceeded the authority granted to the Division by the General Assembly in 30 Del. S09C-07-045 Submitted: February 18, 2022 Decided: April 14, 2022 Before VAUGHN, TRAYNOR, and . The Delaware Supreme Court affirmed, finding the trial court properly exercised its discretion in this case's procedural posture to stay the Delaware case in lieu of dismissal when another forum with jurisdiction existed and that forum was the more convenient forum to resolve the dispute. ON EXCEPTIONS TO THE REPORT OF THE SPECIAL MASTER . The Delaware Supreme Court weighs in with an opinion that could influence embattled state auditor Kathy McGuiness's future in office. The Supreme Court responded: (1) a death-benefit payment made on a policy that is void ab initio under 18 Del. We also maintain an archive of Opinion Summaries from September 2000 to the Present. The Delaware Supreme Court recently unanimously affirmed the Delaware Court of Chancery's dismissal of a stockholder derivative claim against directors of Wal-Mart, holding that these claims were precluded because a federal court in Arkansas had already dismissed a derivative claim filed by different Wal-Mart stockholders. We also maintain an archive of Opinion Summaries from September 2000 to the Present. The Delaware Supreme Court considered Capriglione's appeal on an expedited basis, hearing oral argument on July 14, 2021. All Family Court appeals and lawyer disciplinary proceedings are confidential and not open to the public; therefore, recordings of oral arguments in such cases are not available. 1 The Supreme Court held that an exception to the general rule against . Delaware Supreme Court Opinions - FindLaw cases for Supreme Court of Delaware. The Delaware Supreme Court affirmed, noting first that "[t]he issue of the legal validity of systematic, roadblock-type stops of a number of vehicles for license and vehicle registration check is not now before the Court," 382 A.2d 1359, 1362 (1978) (emphasis in original). As part of its analysis, the Supreme Court conducted and affirmed a choice-of-law analysis to determine that Delaware law applied even though the D&O policy was . v. DELAWARE . v. Zuckerberg, No. Electronic versions of the bound volumes are posted on this website. The court held that "a random stop of a motorist in the absence of specific articulable facts which justify the stop by . IN THE SUPREME COURT OF THE STATE OF DELAWARE RACHEL FREEMAN,1 Petitioner Below, Appellant, v. MARK CAMPBELL, Respondent Below, Appellee. 1993), ruled that the dismissal of the physicians effectively extinguished the claims against the physicians' employer and therefore entered summary judgment in the employer's favor. 404, 2020 (Del. GEICO General Insurance Company v. Green. NEW JERSEY . 2 The stock option plan at issue in Kerbs was self-executing, meaning the directors had no discretion in implementing the awards once they were . Year. For a more detailed search, enter the keyword or case number in the search box above. IN THE SUPREME COURT OF THE STATE OF DELAWARE QUENTIN JONES, Defendant Below, Appellant, v. STATE OF DELAWARE, Appellee. Opinions. In the opinion, justices said an indictment alone is not enough to seek removal of an elected official from office. Tags: Allocation, Choice of Law, Delaware, Directors and . On September 23, 2021, in United Food and Commercial Workers Union and Partici-pating Food Industry Employers Tri-State Pension Fund v. Zuckerberg, No. Stockholders Litigation (previously discussed on the Forum here).In the lower court, Vice Chancellor Laster found a seller's financial advisor (the "Financial Advisor") liable in the amount of $76 million for aiding and abetting . It was founded in 1951 by a constitutional amendment. The Delaware State Courts will be closed on Friday, April 15, 2022 in observance of Good Friday. Only recordings of non-confidential cases argued in the Delaware Supreme Court are available. The Delaware Supreme Court, one of the premier arbiters of corporate law disputes in the country, has confirmed that companies incorporated in Delaware and their insured directors and officers deserve benefits of Delaware law. Supreme Court opinions are browsable by year and U.S. Reports volume number, and are searchable by party name, case title, citation, full text and docket number. Opinion Search Filter Settings Use standard search logic for the Opinion Text Search (full-text search). 274, 2021 § § Court Below—Family Court § of the State of Delaware § § File No. 134, Orig. The Supreme Court charges $0.25 to make copies of records in its custody. A retired Delaware Supreme Court justice who made waves as both the youngest person appointed to the state's highest court and the longest-serving justice died on Tuesday. Information about Opinions. No. 404, 2020 . The Delaware State Courts will be closed on Friday, April 15, 2022 in observance of Good Friday. Sponsored by the Delaware State Bar Association . § § § § § § § § § § § § § No. Five Justices sit on the Delaware Supreme Court ; each one is appointed (in the same merits-based, bipartisan manner as the members of the Court of Chancery) by the Governor, with advice and consent from the Senate, for 12-year terms. 3/23/2022 3/23/2022 2022-Ohio-798: 03/23/2022 Case Announcements #6 v. JAMES R. ADAMS . ON EXCEPTIONS TO THE REPORT OF THE SPECIAL MASTER . The Delaware Supreme Court is one of the youngest state supreme courts in the nation. In 2021, the District Court certified the three questions of law to the Delaware Supreme Court. This Supreme Court decision should be required reading for anyone who has a forum non conveniens issue in . In one, the high court affirmed Chancery Court's order rejecting a claim based on the implied duty of good . In June 2019, the Delaware Supreme Court issued a decision reaffirming a risk of director liability where there is no board-level reporting process for essential compliance matters. 19-26351, 20-22399 In the interest of: Aaron Campbell Submitted: December 17, 2021 Decided: February 28, 2022 Before . The facts of the case . . SUPREME COURT OF THE UNITED STATES . No. The Supreme Court has discretionary jurisdiction to issue writs of prohibition . Through 107 U.S. (PDF) The judgment was reversed, the injunction vacated, and the matter remanded so that the Court of Chancery could determine whether Cox and T-Mobile . 3rd Circuit Court of Appeals Newsletter - The latest case summaries and related news delivered to your inbox, from FindLaw. Syllabus . 2019-0904-JRS (Del. . Supreme Court of Delaware Cases. IN THE SUPREME COURT OF THE STATE OF DELAWARE DENNIS L. SMITH, Defendant Below, Appellant, v. THE ESTATE OF JAMES GODWIN, LAVERNE BROCKINGTON, EXECUTRIX, Plaintiff Below, Appellee. The opinions published on Justia State Caselaw are sourced from individual state court sites.These court opinions may not be the official published versions, and you should check your local court rules before citing to them. § § No. IN THE SUPREME COURT OF THE STATE OF DELAWARE CALEB RAVIN,1 Petitioner Below, Appellant, v. JUNE UNDERHILL, Respondent Below, Appellee. No. He was 75. The facts of the case arise from a 2015 listeria outbreak at Blue Bell manufacturing which resulted in the death of three people. The Supreme Court reversed one 2018 Court of Chancery decision and affirmed another, and four valuation cases were decided by the Court of Chancery; the decisions are discussed below, focusing on the point of view of expert witnesses. This is the third original action between New Jersey and Delaware in-volving the boundary along the Delaware River (or River) separating the two States. . Requestors may also be billed additional fees for the time spent by administrative staff to locate requested records. The Delaware Supreme Court emphasized in this opinion that it agreed with Chancery's Hexion decision, which was highlighted on these pages. This approach, which is consistent with previous opinions of the Delaware Supreme Court, 5 was followed in this case. The Delaware Supreme Court agreed with the Superior Court that the Division's policy was invalid, but it affirmed on alternate grounds: the policy exceeded the authority granted to the Division by the General Assembly in 30 Del. § § § § § § § § § § No. Receive free daily summaries of new opinions from the Delaware Supreme Court. Delaware previously did not have a court of last resort and simply relied on a different judge from the judge who originally heard the case to make a final decision. United States (21-5261) Egbert v. Boule (21-147) The audio recordings and transcripts of all oral arguments heard by the Supreme Court of the United States are posted on this website on the same day an argument is heard by the Court. The Delaware Supreme Court is the highest court in the State of Delaware. A recent Delaware Supreme Court decision should be required reading for anyone involved with a forum non conveniens case in Delaware. C. sections 1901- 1903. U.S. Court of Appeals (3rd Circuit) Opinions - Opinions and resources from the Court. 134, Orig. The Court has final appellate jurisdiction in criminal cases in which the sentence exceeds certain minimums, in civil cases as to final judgments and for certain other orders of the Court of Chancery, the Superior Court, and the Family Court. . 274, 2021 § § Court Below—Family Court § of the State of Delaware § § File No. 2018). The Supreme Court upheld the award (with one dissenting opinion). The Delaware Supreme Court is the ultimate authority on issues of Delaware corporate, business, and commercial law. 20-21591 § § § Submitted: February 18, 2022 Decided: April 18, 2022 ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT [December 10, 2020] J. USTICE . , the Delaware Supreme Court articulated a clear "universal" test for determining whether shareholders can proceed with derivative suits against corporate directors. The opinion is available here.We have earlier posted on this important case here, here, and here.This post is part of the Delaware law series, which is cosponsored by the Forum and Corporation Service Company; links to other posts in the series are available here. On September 23, 2021, in United Food and Commercial Workers Union and . The Delaware Supreme Court first recognized a ratification defense by directors when reviewing self-compensation decisions in the 1952 decision Kerbs v. California Eastern Airways, Inc. , 90 A.2d 652. Welcome to FindLaw's searchable database of U.S. Supreme Court decisions since 1760. Justice . Analysis The Delaware Supreme Court began its analysis by acknowledging the determination of whether a claim is direct or derivative can be difficult; but the court also observed the importance of a . In June 2019, the Delaware Supreme Court issued a decision reaffirming director liability where there is no board-level reporting process for essential compliance matters. 19-309 . The Delaware Supreme Court affirmed a prior Chancery Court decision upholding a contractual waiver of appraisal rights. This is the third original action between New Jersey and Delaware in-volving the boundary along the Delaware River (or River) separating the two States. Ch. Cases are browsable by date and searchable by docket number, case title, and full text. Indiana Supreme Court 315 Indiana State House 200 W. Washington Street Indianapolis, IN 46204. In one week, the Delaware Supreme Court handed down two important opinions simplifying Delaware law on derivative claims. Contact Information. Biden, 79, is an old man in a young country. Limiting Trial Court Sanctions-Delaware Supreme Court Decisions Addressing Attorney Misconduct 2022. 404, 2020 (Del. FindLaw maintains an archive of Supreme Court opinion summaries from September 2000 to the present. GEICO General Insurance Company v. Green. In one week, the Delaware Supreme Court handed down two important opinions simplifying Delaware law on derivative claims. Supreme Court (Family Court) Civil Seitz C.J . B. REYER. Abortion rights in Delaware is expected to be unaffected by the outcome of the case heard by the U.S. Supreme Court on Wednesday, which could result in curtailing the right to an abortion in the U.S. The Delaware Supreme Court weighs in with an opinion that could influence embattled state auditor Kathy McGuiness's future in office. In one week, the Delaware Supreme Court handed down two important opinions simpli-fying Delaware law on derivative claims. The court reviews appeals on cases decided by the lower trial courts. Supreme Court Oral Arguments Video Recordings. § § § § § § § § § § § § § § No. The Delaware Supreme Court has issued its opinion in the AFSCME/CA matter. Welcome to FindLaw's searchable database of Supreme Court of Delaware decisions since . Delaware : 4/5/2022 4/5/2022 2022-Ohio-1153: In re D.E. C. sections 1901- 1903. Justice of the Peace Courts 11 (New Castle County), 7 (Kent County) and 3 (Sussex County) will remain open. CN16-2314 Petition Nos. Argued November 27, 2007—Decided March 31, 2008 . delivered the opinion of the Court. Justice of the Peace Courts 11 (New Castle County), 7 (Kent County) and 3 (Sussex County) will remain open. Supreme Court: The highest court in the State of Delaware is the Supreme Court. The Delaware Supreme Court accepted an interlocutory appeal as an apparent opportunity to clarify the framework for analyzing dilution claims. Court opinions from the Delaware Court system. The District of Delaware offers a database of opinions, listed by year, month, and judge. 525, 2016 (March 27, 2018), provides an overview of the Delaware law on forum non conveniens and clarified that even if it is a minority view among the 50 states, Delaware only requires that the trial court . The Supreme Court's opinion supports the view that Delaware will remain vigilant in protecting against self-dealing or intentional dereliction of duty by directors, but directors do not have reason to fear that "bad" business decisions made by properly motivated directors exercising due care will give rise to potential liability. All technical questions regarding the DESCLMS system should be directed to the doeLegal helpdesk, by telephone, (302) 798-7500, or e-mail, helpdesk_desclms@doelegal.com. No. The Supreme Court of Delaware is the sole appellate court in the United States state of Delaware.Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisions, particularly in the area of mergers and acquisitions. Merit decisions with opinions—Merit decisions without opinions—Motion and procedural rulings—Appeals accepted for review—Appeals not accepted for review. SUPREME COURT OF THE UNITED STATES . In November 30, 2015, the Delaware Supreme Court issued a 107-page opinion affirming the Court of Chancery's post-trial decisions in In re Rural/Metro Corp.
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