protections rule (Delaware) · Go Syfert
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protections rule in Delaware

13 Delaware opinions name it 2 courts 2022–2026 13 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.

Followed or applied (5)

CaseFollowedCited
Aronson v. Lewisgreen
del · 1984 · cited in 11 Delaware opinions naming this issue, 2022–2026
2 sentences

2026See, e.g., Aronson, 473 A.2d at 813 (“[A] conscious decision to refrain from acting may nonetheless be a valid exercise of business judgment and enjoy the protections of the rule.”); Quadrant Structured Prods.

2026It may also occur through deliberate concealment of material facts, or by silence in the face of a duty to speak.”). 271 Disney, 906 A.2d at 66–67; accord Lyondell Chem., 970 A.2d at 240 . 272 See, e.g., Aronson, 473 A.2d at 813 (“[A] conscious decision to refrain from acting may nonetheless be a valid exercise of business judgment and enjoy the protections of the rule.”); Quadrant Structured Prods.

1111
Quadrant Structured Products Company, Ltd. v. Vertingreen
delch · 2014 · cited in 10 Delaware opinions naming this issue, 2022–2026
2 sentences

2026Co., Ltd. v. Vertin, 102 A.3d 155, 183 (Del.

2026Co. v. Vertin, 102 A.3d 155, 183 (Del.

1010
Monroe Park v. Metropolitan Life Insurancegreen
del · 1983 · cited in 1 Delaware opinions naming this issue, 2026–2026
1 sentence

2026Co., 457 A.2d 734, 737 (Del. 1983); accord 2 Pomeroy’s Equity Jurisprudence § 378 (1941) (“[I]t is only by looking at the intent rather than at the form, that equity is able to treat that as done which in good conscience ought to be done.”). 60 See, e.g., Aronson, 473 A.2d at 813 (“[A] conscious decision to refrain from acting may nonetheless be a valid exercise of business judgment and enjoy the protections of the rule.”); see also Quadrant Structured Prods.

11
Lyondell Chemical Co. v. Ryangreen
del · 2009 · cited in 1 Delaware opinions naming this issue, 2026–2026
1 sentence

2026It may also occur through deliberate concealment of material facts, or by silence in the face of a duty to speak.”). 271 Disney, 906 A.2d at 66–67; accord Lyondell Chem., 970 A.2d at 240 . 272 See, e.g., Aronson, 473 A.2d at 813 (“[A] conscious decision to refrain from acting may nonetheless be a valid exercise of business judgment and enjoy the protections of the rule.”); Quadrant Structured Prods.

11
Yankanwich v. Whartongreen
del · 1983 · cited in 1 Delaware opinions naming this issue, 2025–2025
1 sentence

2025C. § 4011(c); see also Hedrick, 2004 WL 2735517 , at *11. 35 Sadler, 524 A.2d at 23 (citing Yankanwich v. Wharton, 460 A.2d 1326, 1331 (Del. 1983)). 10 plead wanton negligence in order to challenge the defendant's immunity under the Tort Claims Act.”36 Plaintiff in this matter, clearly aware of the pleading burden placed upon her to bring this claim outside the protections of the immunity statute, takes aim at the individual defendants with several allegations of wrongdoing.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
In Re Walt Disney Co. Derivative Litigation green
del · 2006
1 sentence

2026It may also occur through deliberate concealment of material facts, or by silence in the face of a duty to speak.”). 271 Disney, 906 A.2d at 66–67; accord Lyondell Chem., 970 A.2d at 240 . 272 See, e.g., Aronson, 473 A.2d at 813 (“[A] conscious decision to refrain from acting may nonetheless be a valid exercise of business judgment and enjoy the protections of the rule.”); Quadrant Structured Prods.

12026–2026
Brehm v. Eisner green
del · 2000
1 sentence

2024Ch. 2022) (“Delaware law recognizes that conscious inaction represents as much of a decision as conscious action.”); Aronson v. Lewis, 473 A.2d 805, 813 (Del. 1984) (“[U]nder applicable principles, a conscious decision to refrain from acting may nonetheless be a valid exercise of business judgment and enjoy the protections of the rule.”), overruled on other grounds by Brehm v. Eisner, 746 A.2d 244 (Del. 2000). 60 See Aronson, 473 A.2d at 813 (explaining conscious inaction can be a decision protected by the business judgment rule); Garfield, 277 A.3d at 336–39 (same); Lebanon Cnty.

12024–2024

Statutes the citing opinions construe

DE § 8 Del. C. § 141 (4) CFR § 21c.f.r.1301.74 (3) DE § 10 Del. C. § 8106 (3) USC § 21u.s.c.823 (3) USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 16 (1985–2025) DE 13 (2022–2026) CA 10 (1989–2016) NY 9 (1990–2025) NJ 9 (1977–2021) IL 7 (1990–2026) OH 6 (1977–2026) TX 6 (1998–2018) MN 5 (1986–2016) KY 4 (2014–2025) WA 3 (1990–1998) UT 3 (2011–2023) CT 3 (1995–2026) IA 2 (2016–2022) CO 2 (1992–2001) MI 2 (1985–2012) AR 2 (2019–2020) AZ 2 (2018–2024) AK 2 (1992–2003) NV 2 (1994–1997) VA 2 (2013–2020) KS 2 (2004–2026) MD 2 (1992–2003)

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.

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