11 Delaware opinions name it 3 courts 1992–2025 4 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 |
|---|---|---|
James & Jackson, LLC. v. Willie Gary, LLC.green2 sentences2025Mar. 9, 2021) (quoting Willie Gary, LLC, 906 A.2d at 79 ); see also BuzzFeed Media Enterprises, Inc., 2024 WL at *5 (“Satisfaction of the first prong creates a heavy presumption that the parties intended to delegate substantive arbitrability”). 63 JX 4 at §12. 64 Blackmon, 2021 WL at *3 (quoting Willie Gary, LLC, 906 A.2d at 79 ). 65 BuzzFeed Media Enterprises, Inc., 2024 WL at *6. 2025Mar. 9, 2021) (quoting Willie Gary, LLC, 906 A.2d at 79 ); see also BuzzFeed Media Enterprises, Inc., 2024 WL at *5 (“Satisfaction of the first prong creates a heavy presumption that the parties intended to delegate substantive arbitrability”). 63 JX 4 at §12. 64 Blackmon, 2021 WL at *3 (quoting Willie Gary, LLC, 906 A.2d at 79 ). 65 BuzzFeed Media Enterprises, Inc., 2024 WL at *6. | 2 | 3 |
Merrill v. Crothall-American, Inc.green2 sentences1996Good Faith And Fair Dealing in At-Will Employment DuPont contends that the Covenant does not extend to the facts of this case. 5 It points to the central importance of the Doctrine which “provides a heavy presumption that a contract for employment, unless otherwise expressly stated, is at-will in nature, with duration indefinite.” Merrill v. Crothall-American, Inc., Del.Supr., 606 A.2d 96, 102 (1992). 6 The Doctrine has a long history in Delaware 7 and the United States. 8 The Covenant, perhaps in less robust form and by a different name, also has a long history. 1996Good Faith And Fair Dealing in At-Will Employment DuPont contends that the Covenant does not extend to the facts of this case. [5] It points to the central importance of the Doctrine which "provides a heavy presumption that a contract for employment, unless otherwise expressly stated, is at-will in nature, with duration indefinite." Merrill v. Crothall-American, Inc., Del.Supr., 606 A.2d 96, 102 (1992). [6] The Doctrine has a long history in Delaware [7] and the United States. [8] The Covenant, perhaps in less robust form and by a different name, also has a long history. | 1 | 2 |
Wal-Mart Stores, Inc. v. AIG Life Insurancegreen1 sentence2024Co., 901 A.2d 106, 116 (Del. 2006) (citing Dunlap v. State Farm Fire and Cas. | 1 | 1 |
Rizzitiello v. McDonald's Corp.green1 sentence2019In Pressman, a supervisor “set out on a campaign to discredit” an employee and manufactured materially false grounds to cause his dismissal. 45 Pressman “relates solely to an act or acts of the employer manifesting bad faith or unfair dealing achieved by deceit or misrepresentation in falsifying or manipulating a record to create fictitious grounds to terminate employment.” 46 Where the employee 41 679 A.2d 436 (Del. 1996). 42 Rizzitiello, 868 A.2d at 830 (first quoting Pressman, 679 A.2d at 440 ; and then citing Merrill, 606 A.2d at 101 ). 43 Id. at 831 (citing Pressman, 679 A.2d at 437 ). 44 | 1 | 1 |
E.I. DuPont De Nemours & Co. v. Pressmangreen2 sentences2019In Pressman, a supervisor “set out on a campaign to discredit” an employee and manufactured materially false grounds to cause his dismissal. 45 Pressman “relates solely to an act or acts of the employer manifesting bad faith or unfair dealing achieved by deceit or misrepresentation in falsifying or manipulating a record to create fictitious grounds to terminate employment.” 46 Where the employee 41 679 A.2d 436 (Del. 1996). 42 Rizzitiello, 868 A.2d at 830 (first quoting Pressman, 679 A.2d at 440 ; and then citing Merrill, 606 A.2d at 101 ). 43 Id. at 831 (citing Pressman, 679 A.2d at 437 ). 44 2019In Pressman, a supervisor “set out on a campaign to discredit” an employee and manufactured materially false grounds to cause his dismissal. 45 Pressman “relates solely to an act or acts of the employer manifesting bad faith or unfair dealing achieved by deceit or misrepresentation in falsifying or manipulating a record to create fictitious grounds to terminate employment.” 46 Where the employee 41 679 A.2d 436 (Del. 1996). 42 Rizzitiello, 868 A.2d at 830 (first quoting Pressman, 679 A.2d at 440 ; and then citing Merrill, 606 A.2d at 101 ). 43 Id. at 831 (citing Pressman, 679 A.2d at 437 ). 44 | 1 | 1 |
Blish v. Thompson Automatic Arms Corp.green2 sentences1996See Blish v. Thompson Automatic Arms Corp., Del.Supr., 64 A.2d 581 (1948); Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88 , 118 N.E. 214 (1917); Heney v. Sutro & Co., 28 Cal.App. 698 , 153 P. 972 (1915). 9 A. Merrill v. Crothall-American While at-will employment remains a “heavy presumption,” this Court recognized the limited application of the Covenant to an at-will employment contract in Merrill v. Crothall-American, Inc., Del.Supr., 606 A.2d 96 (1992). 1996See Blish v. Thompson Automatic Arms Corp., Del.Supr., 64 A.2d 581 (1948); Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88 , 118 N.E. 214 (1917); Heney v. Sutro & Co., 28 Cal.App. 698 , 153 P. 972 (1915). [9] A. Merrill v. Crothall-American While at-will employment remains a "heavy presumption," this Court recognized the limited application of the Covenant to an at-will employment contract in Merrill v. Crothall-American, Inc., Del.Supr., 606 A.2d 96 (1992). | 1 | 1 |
Heideck v. Kent General Hospital, Inc.green1 sentence1992See Heideck v. Kent General Hospital, Inc., Del.Supr., 446 A.2d 1095, 1096 (1982). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McLaughlin v. McCann
green
2 sentences2017No. 83, Committee’s Sept. 19, 2016 Br. 25. 54 See McLaughlin, 942 A.2d at 623 . 12 provides for arbitration of all disputes.” 55 In McLaughlin, then Vice Chancellor, now Chief Justice, Strine summarized his understanding of the test as follows: What I take away from the ‘generally provides for arbitration of all disputes’ requirement is that the carveouts and exceptions to committing disputes to arbitration should not be so obviously broad and substantial as to overcome a heavy presumption that the parties agreed by referencing the AAA Rules and deciding to use AAA arbitration to resolve a wid 2014Corp. v. Anacor Pharm., Inc., 2013 WL 4509652 at *3 (holding an arbitration clause did not provide for the arbitration of all disputes where the parties specified and defined disputes that “shall not be subject to arbitration”); Milton Invs., LLC v. Lockwood Bros., II, LLC, 2010 WL 2836404 at n. 48 (finding an arbitration clause that referred “certain types of disputes” to arbitration did not satisfy the Willie Gary requirement). 41 “Dispute” and “controversy” are referred to interchangeably. 15 substantial as to overcome a heavy presumption that the parties agreed by referencing the AAA Rules | 5 | 2014–2021 |
Kuroda v. SPJS Holdings, L.L.C.
green
1 sentence2024DuPont de Nemours and Co. v. Pressman.84 The Court noted that the doctrine “provides a heavy presumption that a contract for employment, unless otherwise expressly stated, is at-will in nature, with duration indefinite.”85 Further, though the doctrine “generally permits the dismissal of employees without cause and regardless 80 Id. (citing Wal-Mart Stores, Inc. v. AIG Life Ins. | 1 | 2024–2024 |
Wood v. . Duff-Gordon
green
2 sentences1996See Blish v. Thompson Automatic Arms Corp., Del.Supr., 64 A.2d 581 (1948); Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88 , 118 N.E. 214 (1917); Heney v. Sutro & Co., 28 Cal.App. 698 , 153 P. 972 (1915). 9 A. Merrill v. Crothall-American While at-will employment remains a “heavy presumption,” this Court recognized the limited application of the Covenant to an at-will employment contract in Merrill v. Crothall-American, Inc., Del.Supr., 606 A.2d 96 (1992). 1996See Blish v. Thompson Automatic Arms Corp., Del.Supr., 64 A.2d 581 (1948); Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88 , 118 N.E. 214 (1917); Heney v. Sutro & Co., 28 Cal.App. 698 , 153 P. 972 (1915). 9 A. Merrill v. Crothall-American While at-will employment remains a “heavy presumption,” this Court recognized the limited application of the Covenant to an at-will employment contract in Merrill v. Crothall-American, Inc., Del.Supr., 606 A.2d 96 (1992). | 1 | 1996–1996 |
Heney v. Sutro & Co.
green
2 sentences1996See Blish v. Thompson Automatic Arms Corp., Del.Supr., 64 A.2d 581 (1948); Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88 , 118 N.E. 214 (1917); Heney v. Sutro & Co., 28 Cal.App. 698 , 153 P. 972 (1915). 9 A. Merrill v. Crothall-American While at-will employment remains a “heavy presumption,” this Court recognized the limited application of the Covenant to an at-will employment contract in Merrill v. Crothall-American, Inc., Del.Supr., 606 A.2d 96 (1992). 1996See Blish v. Thompson Automatic Arms Corp., Del.Supr., 64 A.2d 581 (1948); Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88 , 118 N.E. 214 (1917); Heney v. Sutro & Co., 28 Cal.App. 698 , 153 P. 972 (1915). 9 A. Merrill v. Crothall-American While at-will employment remains a “heavy presumption,” this Court recognized the limited application of the Covenant to an at-will employment contract in Merrill v. Crothall-American, Inc., Del.Supr., 606 A.2d 96 (1992). | 1 | 1996–1996 |
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.