14 Delaware opinions name it 3 courts 1986–2024 2 in the last five years
The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Rodgersgreen2 sentences2015Dec. 1, 1993).49 The Court must determine: “1) whether a policy existed, and if so, what conduct was prohibited and 2) whether the employee was apprised of the policy, and if so how was he made aware.”50 “Knowledge of a company policy may be established where there is evidence of a written policy, such as an employer’s handbook, . . ., or where an employee had been previously warned regarding the objectionable conduct.”51 However, “the absence of advanced warning concerning the Consequences [sic] of given acts, as opposed to notice of their impropriety, does not preclude a discharge for wilful 2015Dec. 1, 1993).49 The Court must determine: “1) whether a policy existed, and if so, what conduct was prohibited and 2) whether the employee was apprised of the policy, and if so how was he made aware.”50 “Knowledge of a company policy may be established where there is evidence of a written policy, such as an employer’s handbook, . . ., or where an employee had been previously warned regarding the objectionable conduct.”51 However, “the absence of advanced warning concerning the Consequences [sic] of given acts, as opposed to notice of their impropriety, does not preclude a discharge for wilful | 2 | 2 |
Los v. Losgreen2 sentences2000Los v. Los, Del.Supr., 595 A.2d 381, 384-85 (1991). 2000Los v. Los, Del.Supr., 595 A.2d 381, 384-85 (1991). | 2 | 2 |
Pearson v. Callahangreen1 sentence2024See Pearson, 555 U.S. at 236 (holding that the more stringent two step inquiry for deciding government officials’ qualified immunity claims outlined in Saucier v. Katz, 533 U.S. 194 (2001) was no longer mandatory). 173 Reichle v. Howards, 566 U.S. 658, 658 (2012) (internal quotation marks and alteration omitted). 174 Malley v. Briggs, 475 U.S. 335, 335 (1986). 40 opinions vary widely about decisions made in emergent conditions, and many courts have had the opportunity to consider “on a clear day” the constitutional parameters of emergency restrictions imposed on religious worship during the pa | 1 | 1 |
Donald Saucier v. Elliot M. Katz and in Defense of Animalsred1 sentence2024See Pearson, 555 U.S. at 236 (holding that the more stringent two step inquiry for deciding government officials’ qualified immunity claims outlined in Saucier v. Katz, 533 U.S. 194 (2001) was no longer mandatory). 173 Reichle v. Howards, 566 U.S. 658, 658 (2012) (internal quotation marks and alteration omitted). 174 Malley v. Briggs, 475 U.S. 335, 335 (1986). 40 opinions vary widely about decisions made in emergent conditions, and many courts have had the opportunity to consider “on a clear day” the constitutional parameters of emergency restrictions imposed on religious worship during the pa | 1 | 1 |
Reichle v. Howardsgreen1 sentence2024See Pearson, 555 U.S. at 236 (holding that the more stringent two step inquiry for deciding government officials’ qualified immunity claims outlined in Saucier v. Katz, 533 U.S. 194 (2001) was no longer mandatory). 173 Reichle v. Howards, 566 U.S. 658, 658 (2012) (internal quotation marks and alteration omitted). 174 Malley v. Briggs, 475 U.S. 335, 335 (1986). 40 opinions vary widely about decisions made in emergent conditions, and many courts have had the opportunity to consider “on a clear day” the constitutional parameters of emergency restrictions imposed on religious worship during the pa | 1 | 1 |
Malley v. Briggsgreen1 sentence2024See Pearson, 555 U.S. at 236 (holding that the more stringent two step inquiry for deciding government officials’ qualified immunity claims outlined in Saucier v. Katz, 533 U.S. 194 (2001) was no longer mandatory). 173 Reichle v. Howards, 566 U.S. 658, 658 (2012) (internal quotation marks and alteration omitted). 174 Malley v. Briggs, 475 U.S. 335, 335 (1986). 40 opinions vary widely about decisions made in emergent conditions, and many courts have had the opportunity to consider “on a clear day” the constitutional parameters of emergency restrictions imposed on religious worship during the pa | 1 | 1 |
International Shoe Co. v. Washingtongreen1 sentence2022SA, 56 A.3d 1023, 1027 (Del. 2012) (quoting Int’l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)). 9 Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 472 n.14 (1985). 10 In re Pilgrim’s Pride Corp. Deriv. | 1 | 1 |
Matthew v. Fläkt Woods Group SAgreen1 sentence2022SA, 56 A.3d 1023, 1027 (Del. 2012) (quoting Int’l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)). 9 Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 472 n.14 (1985). 10 In re Pilgrim’s Pride Corp. Deriv. | 1 | 1 |
Ryan v. Giffordgreen1 sentence2020As to non- residents—such as BLR and Hemeyer—“Delaware’s Long Arm Statute requires an in-state act by them ‘that sets in motion a series of events which form the basis for 40 Ryan v. Gifford, 935 A.2d 258, 265 (Del. | 1 | 1 |
Andrew Whelan v. Tyler Abellgreen1 sentence2019Joseph’s Hospital v. Hospital Corp. ofAmerica, 795 F.2d 948 , 955 (1 lth Cir. 1986) (“l\/lisrepresentations under these circumstances do not enjoy Noerr immunity.”); Whelan v. Abell, 48 F.3d 1247, 1254-55 (D.C. | 1 | 1 |
St. Joseph's Hospital, Inc. v. Hospital Corporation Of Americagreen1 sentence2019Joseph’s Hospital v. Hospital Corp. ofAmerica, 795 F.2d 948 , 955 (1 lth Cir. 1986) (“l\/lisrepresentations under these circumstances do not enjoy Noerr immunity.”); Whelan v. Abell, 48 F.3d 1247, 1254-55 (D.C. | 1 | 1 |
Potters Medical Center v. The City Hospital Associationgreen1 sentence2019Ass ’n, 800 F.2d 568, 580 (6th Cir. 1986) (“[K]nowingly false submissions or intentional _34_ “sham litigation” exception.119 A petitioning activity, although ostensibly directed to influence governmental action, is a “sham” if it is actually designed to interfere with a competitor’s business relationships120 The determination of whether a petitioning activity is a “sham” follows a two- step inquiry.121 First, the litigation must be “objectively baseless” that “no reasonable litigant could realistically expect success on the merits.”122 “[I]f challenged litigation is objectively meritless” the | 1 | 1 |
Jackson v. Stategreen1 sentence2019This Court has crafted a two step analysis in reviewing a trial judge's 7Aa'ams, 914 F.3d at 843 . 8 Id. 9 Jackson v. State, 684 A.2d 745, 752 (Del. 1996); see also Del. | 1 | 1 |
Wilson v. Division of Family Servicesgreen2 sentences2014This appeal followed. (16) This Court’s review of a Family Court order terminating parental rights requires that we consider the facts and the law. 7 When issues implicate rulings of law, our review is de novo. 8 When issues implicate rulings of fact, we conduct a limited review of the Family Court’s factual findings to assure that they are sufficiently supported by the record and are not clearly wrong.9 We do not disturb inferences and deductions that are supported by the record and are the product of an orderly and logical deductive process.10 If the Family Court has correctly applied the la 2014This appeal followed. (16) This Court’s review of a Family Court order terminating parental rights requires that we consider the facts and the law. 7 When issues implicate rulings of law, our review is de novo. 8 When issues implicate rulings of fact, we conduct a limited review of the Family Court’s factual findings to assure that they are sufficiently supported by the record and are not clearly wrong.9 We do not disturb inferences and deductions that are supported by the record and are the product of an orderly and logical deductive process.10 If the Family Court has correctly applied the la | 1 | 1 |
Shepherd v. Clemensgreen2 sentences2014This appeal followed. (16) This Court’s review of a Family Court order terminating parental rights requires that we consider the facts and the law. 7 When issues implicate rulings of law, our review is de novo. 8 When issues implicate rulings of fact, we conduct a limited review of the Family Court’s factual findings to assure that they are sufficiently supported by the record and are not clearly wrong.9 We do not disturb inferences and deductions that are supported by the record and are the product of an orderly and logical deductive process.10 If the Family Court has correctly applied the la 2014This appeal followed. (16) This Court’s review of a Family Court order terminating parental rights requires that we consider the facts and the law. 7 When issues implicate rulings of law, our review is de novo. 8 When issues implicate rulings of fact, we conduct a limited review of the Family Court’s factual findings to assure that they are sufficiently supported by the record and are not clearly wrong.9 We do not disturb inferences and deductions that are supported by the record and are the product of an orderly and logical deductive process.10 If the Family Court has correctly applied the la | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Burger King Corp. v. Rudzewicz
green
1 sentence2022SA, 56 A.3d 1023, 1027 (Del. 2012) (quoting Int’l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)). 9 Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 472 n.14 (1985). 10 In re Pilgrim’s Pride Corp. Deriv. | 1 | 2022–2022 |
James Adams v. Governor of Delaware
green
2 sentences2019This Court has crafted a two step analysis in reviewing a trial judge's 7Aa'ams, 914 F.3d at 843 . 8 Id. 9 Jackson v. State, 684 A.2d 745, 752 (Del. 1996); see also Del. 2019This Court has crafted a two step analysis in reviewing a trial judge's 7Aa'ams, 914 F.3d at 843 . 8 Id. 9 Jackson v. State, 684 A.2d 745, 752 (Del. 1996); see also Del. | 1 | 2019–2019 |
Deberry v. State
green
1 sentence2017In the first step, the court considers: 1) would the requested material, if extant in the possession of the State at the time of the defense request, have been subject to disclosure under Criminal Rule 16 or Brady? 2) if so, did the government have a duty to preserve the material? 9 Id. at 749 . 7 3) if there was a duty to preserve, was the duty breached, and what consequences should flow from a breach?10 If the court finds a breach of a duty to preserve, the second step in the analysis entails a determination of what remedy, if any, should be provided. | 1 | 2017–2017 |
Edwards v. Arizona
green
2 sentences1990Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981). 3 In Smith v. Illinois, 469 U.S. 91 , 105 S.Ct. 490 , 83 L.Ed.2d 488 (1984), the Court refined this standard by setting forth a two step inquiry. 1990Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981). 3 In Smith v. Illinois, 469 U.S. 91 , 105 S.Ct. 490 , 83 L.Ed.2d 488 (1984), the Court refined this standard by setting forth a two step inquiry. | 1 | 1990–1990 |
Gregg v. Georgia
green
2 sentences1990The Delaware death penalty statute is based on that approved by the United States Supreme Court in Gregg v. Georgia, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976) and requires the jury to engage in a two step analysis in order to impose a death sentence. 1990The Delaware death penalty statute is based on that approved by the United States Supreme Court in Gregg v. Georgia, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976) and requires the jury to engage in a two step analysis in order to impose a death sentence. | 1 | 1990–1990 |
Smith v. Illinois
green
2 sentences1990Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981). 3 In Smith v. Illinois, 469 U.S. 91 , 105 S.Ct. 490 , 83 L.Ed.2d 488 (1984), the Court refined this standard by setting forth a two step inquiry. 1990Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981). 3 In Smith v. Illinois, 469 U.S. 91 , 105 S.Ct. 490 , 83 L.Ed.2d 488 (1984), the Court refined this standard by setting forth a two step inquiry. | 1 | 1990–1990 |
Whalen v. United States
green
2 sentences1986Review of a double jeopardy claim directed against a criminal statute which appears to permit cumulative sentencing involves a two step analysis: (1) Cumulative punishment for the same offense is not authorized in the absence of “a clear indication of contrary legislative intent” Whalen v. United States, 445 U.S. 684, 692 , 100 S.Ct. 1432, 1438 , 63 L.Ed.2d 715 (1980) and (2) where the legislative intent is not clear a constitutional analysis under the Double Jeopardy Clause of the Fifth Amendment is required. 1986Review of a double jeopardy claim directed against a criminal statute which appears to permit cumulative sentencing involves a two step analysis: (1) Cumulative punishment for the same offense is not authorized in the absence of “a clear indication of contrary legislative intent” Whalen v. United States, 445 U.S. 684, 692 , 100 S.Ct. 1432, 1438 , 63 L.Ed.2d 715 (1980) and (2) where the legislative intent is not clear a constitutional analysis under the Double Jeopardy Clause of the Fifth Amendment is required. | 1 | 1986–1986 |
Missouri v. Hunter
green
2 sentences1986Missouri v. Hunter, 459 U.S. 359, 368 , 103 S.Ct. 673, 679 , 74 L.Ed.2d 535 (1983). 1986Missouri v. Hunter, 459 U.S. 359, 368 , 103 S.Ct. 673, 679 , 74 L.Ed.2d 535 (1983). | 1 | 1986–1986 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.