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13 Delaware opinions name it 4 courts 1988–2026 6 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 |
|---|---|---|
Morrison v. Stategreen2 sentences2017Morrison v. State, 135 A.3d 69, 74 (Del. 2016). 2017Nov. 16, 2009) (TABLE) (―The trial court should advise the defendant [of the eight factors].‖). 89 996 A.2d at 792 . 30 should discuss with the defendant.90 This Court has found that a defendant did not effectively waive his right to counsel when the Superior Court did not touch on any of the Welty factors and therefore did not adequately advise the defendant of ―the hazards of self-representation.‖91 Similarly, in Morrison v. State,92 this Court determined that the Superior Court‘s colloquy with a defendant seeking to proceed pro se was insufficient because the Superior Court ―failed to infor | 2 | 2 |
Smith v. Stategreen2 sentences2017E.g., Smith, 996 A.2d at 790 ("The trial judge should consider the defendant’s background, experience, and conduct, and advise the defendant [of the eight factors].”); Boyer v. State, 985 A.2d 389 , 2009 WL 3841973, at *1 (Del. 2017Nov. 16, 2009) (TABLE) ("The trial court should advise the defendant [of the eight factors].”). 89 . 996 A.2d at 792 . 90 . | 1 | 2 |
DiSabatino Bros., Inc. v. Wortmangreen1 sentence2026Under Rule 42, when presented with a request for certification of an interlocutory appeal, this Court must: (1) determine that the order to be certified for appeal “decides a substantial issue of material importance that merits appellate review before a final judgment;”17 (2) decide whether to certify after consideration of the eight factors listed in Rule 42(b)(iii);18 (3) consider the Court’s “own 14 Application. 15 DiSabatino Bros., Inc. v. Wortman, 453 A.2d 102, 103 (Del. 1982). 16 TFI Tutti LLC, Woo Yong Choi, and Floris Tutti International, Inc., v. Sono America, Inc. and Sono Internatio | 1 | 1 |
Levinson v. Conlongreen1 sentence2024Co. v. Monsanto Co., 582 A.2d 934 (Del. 1990) (TABLE); Huang v. Rochen, 550 A.2d 35 (Del. 1988) (TABLE); Levinson v. Conlon, 385 A.2d 717, 720 (Del. 1978); Castaldo, 301 A.2d at 87 ; Lummus Co. v. Air Prods. & Chems., Inc., 243 A.2d 718, 719 (Del. 1968). 87 In re Rinehardt, 575 A.2d 1079, 1082 (Del. 1990). 88 App. ¶ 6. 33 then jumps to arguing about the eight factors that can support certification, albeit under a heading titled, “The Opinion Deprives Defendants Of Due Process.”89 Read charitably, the Application contends that the Opinion decided a substantial issue because it raises due proces | 1 | 1 |
Lummus Company v. Air Products and Chemicals, Inc.green1 sentence2024Co. v. Monsanto Co., 582 A.2d 934 (Del. 1990) (TABLE); Huang v. Rochen, 550 A.2d 35 (Del. 1988) (TABLE); Levinson v. Conlon, 385 A.2d 717, 720 (Del. 1978); Castaldo, 301 A.2d at 87 ; Lummus Co. v. Air Prods. & Chems., Inc., 243 A.2d 718, 719 (Del. 1968). 87 In re Rinehardt, 575 A.2d 1079, 1082 (Del. 1990). 88 App. ¶ 6. 33 then jumps to arguing about the eight factors that can support certification, albeit under a heading titled, “The Opinion Deprives Defendants Of Due Process.”89 Read charitably, the Application contends that the Opinion decided a substantial issue because it raises due proces | 1 | 1 |
In re Rinehardtgreen1 sentence2024Co. v. Monsanto Co., 582 A.2d 934 (Del. 1990) (TABLE); Huang v. Rochen, 550 A.2d 35 (Del. 1988) (TABLE); Levinson v. Conlon, 385 A.2d 717, 720 (Del. 1978); Castaldo, 301 A.2d at 87 ; Lummus Co. v. Air Prods. & Chems., Inc., 243 A.2d 718, 719 (Del. 1968). 87 In re Rinehardt, 575 A.2d 1079, 1082 (Del. 1990). 88 App. ¶ 6. 33 then jumps to arguing about the eight factors that can support certification, albeit under a heading titled, “The Opinion Deprives Defendants Of Due Process.”89 Read charitably, the Application contends that the Opinion decided a substantial issue because it raises due proces | 1 | 1 |
Stanley v. Illinoisgreen1 sentence2022The best interests factors in Section 722(a) give the trial court ample discretion to consider the parent’s fitness in determining whether termination of parental rights is in the child’s best interest. 28 The eight enumerated factors are: (1) The wishes of the child’s parent or parents as to his or her custody and residence arrangements; (2) The wishes of the child as to his or her custodian or custodians and residential arrangements; (3) The interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wi | 1 | 1 |
Mahani v. Edix Media Group, Inc.green1 sentence2022But it was well established at that time that this Court applies the eight factors of Rule 1.5(a) of the Delaware Lawyers’ Rules of Professional Conduct to evaluate whether the requested fees are reasonable in contractual 19 JTX-0209.0059 (§5.06(g)) (“[T]he [Defendants] shall pay to the [Plaintiff] . . . the [Plaintiff’s] costs and expenses (including reasonable attorneys’ fees and expenses) in connection with such suit . . . .”); see also Mahani v. Edix Media Grp., Inc., 935 A.2d 242, 245 (Del. 2007) (“Delaware law dictates that, in fee shifting cases, a judge determine whether the fees reque | 1 | 1 |
Industrial Commission v. Borchertgreen1 sentence2021“No interlocutory appeal will be certified by the trial court or accepted by this Court unless the order of the trial court decides a substantial issue of material importance that merits appellate review before a final judgment.”53 In deciding whether to certify an interlocutory appeal, the trial court must consider: (1) the eight factors listed in Rule 42(b)(iii);54 (2) the most efficient and just schedule to resolve the case; and (3) whether and why the likely benefits of interlocutory review outweigh the probable costs, such that interlocutory review is in the interests of justice.55 “If th | 1 | 1 |
Boyer v. Stategreen2 sentences2017E.g., Smith, 996 A.2d at 790 ("The trial judge should consider the defendant’s background, experience, and conduct, and advise the defendant [of the eight factors].”); Boyer v. State, 985 A.2d 389 , 2009 WL 3841973, at *1 (Del. 2017E.g., Smith, 996 A.2d at 790 ("The trial judge should consider the defendant’s background, experience, and conduct, and advise the defendant [of the eight factors].”); Boyer v. State, 985 A.2d 389 , 2009 WL 3841973, at *1 (Del. | 1 | 1 |
Honaker v. Farmers Mutual Insurance Companygreen1 sentence2014Co., 313 A.2d 900, at 904 (Del. 1973). 7 fees are reasonable, the Court considers the following eight factors set forth in Rule 1.5 of the Professional Rules of Conduct: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time | 1 | 1 |
Bethilda Betty Phillips, Widow and Personal Representative of Walter Phillips, Deceased v. Amoco Trinidad Oil Company, and Santa Fe Drilling Companygreen1 sentence1988Phillips v. Amoco Trinadad Oil Co., 632 F.2d 82, 85 (9th Cir.1980), cert. denied, 451 U.S. 920 , 101 S.Ct. 1999 , 68 L.Ed.2d 312 (1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chadwick v. Metro Corp.
green
1 sentence2025Then, if appropriate, the inquiry progresses to whether the application meets one or more of the eight factors in Supreme Court Rule 42(b)(iii).12 As a final step, the Court must weigh the likely 8 Appl. for Certification of Interlocutory Appeal at ¶ 3 (D.I. 60). 9 Black v. Hollinger Int’l, Inc., 856 A.2d 1066 , 2004 WL 906587 , at *1 (Del. | 1 | 2025–2025 |
Castaldo v. Pittsburgh-Des Moines Steel Co., Inc.
green
1 sentence2024Co. v. Monsanto Co., 582 A.2d 934 (Del. 1990) (TABLE); Huang v. Rochen, 550 A.2d 35 (Del. 1988) (TABLE); Levinson v. Conlon, 385 A.2d 717, 720 (Del. 1978); Castaldo, 301 A.2d at 87 ; Lummus Co. v. Air Prods. & Chems., Inc., 243 A.2d 718, 719 (Del. 1968). 87 In re Rinehardt, 575 A.2d 1079, 1082 (Del. 1990). 88 App. ¶ 6. 33 then jumps to arguing about the eight factors that can support certification, albeit under a heading titled, “The Opinion Deprives Defendants Of Due Process.”89 Read charitably, the Application contends that the Opinion decided a substantial issue because it raises due proces | 1 | 2024–2024 |
Santosky v. Kramer
green
1 sentence2022The best interests factors in Section 722(a) give the trial court ample discretion to consider the parent’s fitness in determining whether termination of parental rights is in the child’s best interest. 28 The eight enumerated factors are: (1) The wishes of the child’s parent or parents as to his or her custody and residence arrangements; (2) The wishes of the child as to his or her custodian or custodians and residential arrangements; (3) The interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wi | 1 | 2022–2022 |
Boatswain v. State
green
1 sentence2019Co., 872 A.2d 959 (Del. 2005) (affirming the Delaware Superior Court’s refusal to certify an interlocutory appeal because “while the particular exclusion at issue ha[d] not previously been interpreted in Delaware, the trial court applied well-established principles of contract interpretation and thus the case did not involve a matter of first impression.”). the interests of justice.”'’ Here, Steadfast argues that two of the eight factors are met. | 1 | 2019–2019 |
E.I. du Pont de Nemours & Co. v. Allstate Insurance Co.
green
1 sentence2018Ct. R. 42(b)(iii). 6 Id. 7 Supr. | 1 | 2018–2018 |
Briscoe v. State
green
1 sentence2017But, even in that case this Court observed that ―the failure of a trial court to substantially adhere to [the Welty] guidelines requires the conviction(s) to be reversed.‖ Id. 91 Briscoe, 606 A.2d at 109 . 92 135 A.3d 69 (2016). 93 Id. at 74 . 94 Id. (quoting Welty, 674 F.2d at 189 ). 95 996 A.2d 786 (2010). 96 Id. at 791 . 31 and voluntary even when the Superior Court did not mechanically go through each of the Welty factors.97 B. | 1 | 2017–2017 |
United States v. Welty, John Jacob
green
1 sentence2017But, even in that case this Court observed that ―the failure of a trial court to substantially adhere to [the Welty] guidelines requires the conviction(s) to be reversed.‖ Id. 91 Briscoe, 606 A.2d at 109 . 92 135 A.3d 69 (2016). 93 Id. at 74 . 94 Id. (quoting Welty, 674 F.2d at 189 ). 95 996 A.2d 786 (2010). 96 Id. at 791 . 31 and voluntary even when the Superior Court did not mechanically go through each of the Welty factors.97 B. | 1 | 2017–2017 |
Beloit Power Systems, Inc. And Kemper Insurance Companies, as Subrogee v. Hess Oil Virgin Islands Corporation, Litwin Corporation
green
2 sentences2016After considering the eight factors, the Court finds that Rule 42(b)(iii)(A), (B), (G), and (H) are not implicated. 8 Id. 9 757 F.2d 1431 (3d Cir. 1985) 10 C.A. 2016After considering the eight factors, the Court finds that Rule 42(b)(iii)(A), (B), (G), and (H) are not implicated. 8 Id. 9 757 F.2d 1431 (3d Cir. 1985) 10 C.A. | 1 | 2016–2016 |
Honeywell, Inc. v. Tennessee Valley Authority
green
1 sentence1988Phillips v. Amoco Trinadad Oil Co., 632 F.2d 82, 85 (9th Cir.1980), cert. denied, 451 U.S. 920 , 101 S.Ct. 1999 , 68 L.Ed.2d 312 (1981). | 1 | 1988–1988 |
Gonsalves v. Caterpillar Tractor Co.
green
1 sentence1988Phillips v. Amoco Trinadad Oil Co., 632 F.2d 82, 85 (9th Cir.1980), cert. denied, 451 U.S. 920 , 101 S.Ct. 1999 , 68 L.Ed.2d 312 (1981). | 1 | 1988–1988 |
Maiter v. Chicago Board of Education
green
1 sentence1988Phillips v. Amoco Trinadad Oil Co., 632 F.2d 82, 85 (9th Cir.1980), cert. denied, 451 U.S. 920 , 101 S.Ct. 1999 , 68 L.Ed.2d 312 (1981). | 1 | 1988–1988 |
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.