State Courts

Court Remanded for New Trial Due to Peremptory Challenge Errors

The California Court of Appeal remanded a case for a new trial, finding that the trial court erred in its handling of peremptory challenges. This decision highlights potential procedural errors in jury selection that could lead to appeals and retrials.

CA Supreme Court: Forum Clause Unenforceable Under Song-Beverly Act

The California Supreme Court ruled that forum selection clauses in consumer contracts are unenforceable under the Song-Beverly Consumer Warranty Act if they require litigation outside of California. This decision impacts how businesses draft consumer agreements and handle disputes involving California residents.

Fulton v. State of Delaware - Compassionate Release Application Denied

The Delaware Superior Court summarily denied Gene L. Fulton's application for compassionate release. The court found that Fulton did not meet the statutory requirements for release under 11 Del. C. § 4217, as he had not yet served the mandatory portion of his sentence and had behavioral management concerns.

State of Delaware v. Bradley Green - Exclusion of Expert Testimony

In a criminal case involving child sexual abuse allegations, the Delaware Superior Court ruled on the exclusion of expert testimony. The court considered whether the proposed expert's testimony would impermissibly comment on witness credibility and addressed gatekeeping functions regarding relevance and reliability.

Truitt v. Winder - Prejudgment Interest Allocation Opinion

The Delaware Superior Court issued an opinion in Truitt v. Winder regarding the allocation of prejudgment interest between two defendants in a wrongful death case. The court vacated a portion of the jury's award for pain and suffering but upheld other damages and interest allocations.

Delaware Court of Chancery Opinion on Exceptions

The Delaware Court of Chancery issued an opinion on exceptions to a Magistrate in Chancery's report concerning a books and records action. The case involves a dispute over anti-dilution protections for an investment in Outlander Gamma 5.2, LLC.

Supreme Court affirms arbitration of bad-faith breach claims

The Delaware Supreme Court affirmed a lower court's decision compelling arbitration of bad-faith breach of contract claims related to a post-closing earn-out payment. The court found that the seller representative's claims fell within the scope of the arbitration provision in the merger agreement.

Delaware Supreme Court - Breach of Contract and Negligence

The Delaware Supreme Court reversed and remanded a lower court's dismissal of breach of contract claims filed by insurers against Blackbaud, Inc. The insurers, as subrogees and assignees, alleged Blackbaud failed to protect client data after a ransomware attack. The court found the amended complaints adequately pled a breach of contract claim.

Jiang v. Haslet Park Homeowners Association - HOA Window Installation Dispute

The Delaware Court of Chancery issued a final report regarding a dispute between homeowner Kun Jiang and the Haslet Park Homeowners Association over unapproved window installations and HOA election challenges. The court ruled partially in favor of Jiang and partially in favor of the HOA, addressing fines and recoupment of legal fees.

Delaware Court of Chancery Opinion on Fitracks Order

The Delaware Court of Chancery issued an opinion resolving disputes regarding the terms of the Fitracks Order, which governs the payment of advancement and fees-on-fees in litigation. The court adopted the plaintiffs' proposed language for certain provisions and rejected defendants' proposals, clarifying the scope and application of the order.