13 Delaware opinions name it 3 courts 1964–2024 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 |
|---|---|---|
People v. Relerfordgreen2 sentences2024This, and other complications, would be significantly ameliorated if the Statute were to be amended to remedy the significant number of unconstitutional applications. 148 See Mashaud, 295 A.3d at 1160 (discussing a savings clause which provides that the stalking statute should not be read to apply to constitutionally protected speech); See also Relerford, 104 N.E.3d at 356 (stating that the bill which added the “communicates to or about” language to the stalking statute specifically provided that its provisions were severable pursuant to Illinois law). 34 Court has explained the standard for s 2024This, and other complications, would be significantly ameliorated if the Statute were to be amended to remedy the significant number of unconstitutional applications. 148 See Mashaud, 295 A.3d at 1160 (discussing a savings clause which provides that the stalking statute should not be read to apply to constitutionally protected speech); See also Relerford, 104 N.E.3d at 356 (stating that the bill which added the “communicates to or about” language to the stalking statute specifically provided that its provisions were severable pursuant to Illinois law). 34 Court has explained the standard for s | 2 | 2 |
In Re Michigan Carpenters Council Health And Welfare Fundgreen1 sentence2019Rogers, Inc., 933 F.2d 376, 383-84 (6th Cir. 1991) (finding that the Michigan Business Corporation Act does not “regulate securities” under ERISA because its express purposes were to govern corporations, even though its provisions “relate to” and “affect” securities, and because Michigan separately adopted the Michigan Uniform Securities Act). 44 Dedeaux, 481 U.S. at 48 . 45 Id. at 50 (“The state common law of bad faith may be said to concern ‘the policy relationship between the insurer and the insured.’”). 15 tortious breach of contract claim was rooted in general contract law, and not specif | 1 | 1 |
Pilot Life Insurance v. Dedeauxgreen2 sentences2019Rogers, Inc., 933 F.2d 376, 383-84 (6th Cir. 1991) (finding that the Michigan Business Corporation Act does not “regulate securities” under ERISA because its express purposes were to govern corporations, even though its provisions “relate to” and “affect” securities, and because Michigan separately adopted the Michigan Uniform Securities Act). 44 Dedeaux, 481 U.S. at 48 . 45 Id. at 50 (“The state common law of bad faith may be said to concern ‘the policy relationship between the insurer and the insured.’”). 15 tortious breach of contract claim was rooted in general contract law, and not specif 2019Rogers, Inc., 933 F.2d 376, 383-84 (6th Cir. 1991) (finding that the Michigan Business Corporation Act does not “regulate securities” under ERISA because its express purposes were to govern corporations, even though its provisions “relate to” and “affect” securities, and because Michigan separately adopted the Michigan Uniform Securities Act). 44 Dedeaux, 481 U.S. at 48 . 45 Id. at 50 (“The state common law of bad faith may be said to concern ‘the policy relationship between the insurer and the insured.’”). 15 tortious breach of contract claim was rooted in general contract law, and not specif | 1 | 1 |
Dorsey v. United Statesgreen2 sentences2017See Edgar, 2016 WL 6195980 , at *3 ("It is all but axiomatic that a savings clause requires courts to apply the penalties in place at the time the crime was committed”); see also Dorsey v. United States, 567 U.S. 260 , 132 S.Ct. 2321, 2331 , 183 L.Ed.2d 250 (2012) ("Case law ... makes clear that penalties are ‘incurred’ under the older statute when an offender becomes subject to them, i.e., commits the underlying conduct that makes the offender liable.”). 34 .It appears that in prior cases involving enhanced sentencing based on prior violent felony convictions, 11 Del. 2017See Edgar, 2016 WL 6195980 , at *3 ("It is all but axiomatic that a savings clause requires courts to apply the penalties in place at the time the crime was committed”); see also Dorsey v. United States, 567 U.S. 260 , 132 S.Ct. 2321, 2331 , 183 L.Ed.2d 250 (2012) ("Case law ... makes clear that penalties are ‘incurred’ under the older statute when an offender becomes subject to them, i.e., commits the underlying conduct that makes the offender liable.”). 34 .It appears that in prior cases involving enhanced sentencing based on prior violent felony convictions, 11 Del. | 1 | 1 |
Wonson v. United Statesgreen1 sentence2016Had Mr. Edgar been caught with this firearm in the days before the change in the definition of violent felony, the prosecutor’s savings clause argument would have far more currency. lt is all but axiomatic that a savings clause requires courts to apply the penalties in place at the time the crime was committed5 The penalties in place at the time this crime was committed did not include a “violent felony” enhancement 5 See State v. Lewl`s, 144 A.3d 1 109 (Del. | 1 | 1 |
Williams v. Stategreen1 sentence2004Statutory amendments, on the other hand, are indicative of a legislative intent to continue to criminalize certain conduct.” Williams v. State, 756 A.2d 349, 352 (Del.2000). | 1 | 1 |
Dalton v. Educational Testing Servicegreen2 sentences2001See Dalton v. Educational Testing Service, 87 N.Y.2d 384 , 639 N.Y.S.2d 977 , 663 N.E.2d 289, 291 (1995) ("Implicit in all contracts is a covenant of good faith and fair dealing in the course of contract performance.”) (citations omitted). 31 . 2001See Dalton v. Educational Testing Service, 87 N.Y.2d 384 , 639 N.Y.S.2d 977 , 663 N.E.2d 289, 291 (1995) ("Implicit in all contracts is a covenant of good faith and fair dealing in the course of contract performance.”) (citations omitted). 31 . | 1 | 1 |
Harris v. Stategreen1 sentence2000In Harris v. State we said, "where an amendment substantially increases penal sanctions, a savings clause, in the absence of legislative intent to repeal, must be implied.” Del.Supr., 293 A.2d 562, 564 (1972); see also State v. Patnovic, Del.Super., 129 A.2d 780, 782 (1957) ("[W]here a penal act is amended by increasing the punishment only, an implied saving clause must be written into the amendment insofar as concerns all pending prosecutions.”). | 1 | 1 |
State v. Patnovicgreen1 sentence2000In Harris v. State we said, "where an amendment substantially increases penal sanctions, a savings clause, in the absence of legislative intent to repeal, must be implied.” Del.Supr., 293 A.2d 562, 564 (1972); see also State v. Patnovic, Del.Super., 129 A.2d 780, 782 (1957) ("[W]here a penal act is amended by increasing the punishment only, an implied saving clause must be written into the amendment insofar as concerns all pending prosecutions.”). | 1 | 1 |
Wicks v. Stategreen1 sentence1990See Wicks v. State, Del.Supr., 559 A.2d 1194, 1195-96 (1989). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jonathan Holdeen v. Riley J. Ratterree, as Late District Director, and Fulton D. Fields, as Late Acting Director of Internal Revenue
green
2 sentences1964The cited case of Holdeen v. Ratterree (C.A. 2) 292 F.2d 338, is not authority for the contention that a trust for charitable accumulations such as the one here involved may be arbitrarily terminated under the rule against perpetuities short of the time the stipulated amount of accumulations has been achieved. 1964The cited case of Holdeen v. Ratterree (C.A. 2) 292 F.2d 338 , is not authority for the contention that a trust for charitable accumulations such as the one here involved may be arbitrarily terminated under the rule against perpetuities short of the time the stipulated amount of accumulations has been achieved. | 2 | 1964–1964 |
City of Providence v. First Citizens Bancshares, Inc.
green
1 sentence2016There, the savings clause "carve[d] out from the ambit of the Forum Selection Bylaw a claim for relief, if any, that may be asserted only in the Court of Chancery.” Id. at 236 . 53 .Compl. ¶ 46. 54 . 8 Del. | 1 | 2016–2016 |
Fitchie v. Brown
green
2 sentences1999In Fitchie v. Brown, the U.S. Supreme Court construed a savings clause that set a trust’s duration "for as long a period as is legally possible” as allowing the trial judge to select the lives of the designated beneficiaries (who were alive at the time the trust was created by will) as the trust's lives in beings. 211 U.S. 321, 330 , 29 S.Ct. 106 , 53 L.Ed. 202 (1908); see also 70 C.J.S. 1999In Fitchie v. Brown, the U.S. Supreme Court construed a savings clause that set a trust’s duration "for as long a period as is legally possible” as allowing the trial judge to select the lives of the designated beneficiaries (who were alive at the time the trust was created by will) as the trust's lives in beings. 211 U.S. 321, 330 , 29 S.Ct. 106 , 53 L.Ed. 202 (1908); see also 70 C.J.S. | 1 | 1999–1999 |
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.