10 Delaware opinions name it 3 courts 1978–2023 5 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 |
|---|---|---|
Eagle Force Holdings, LLC v. Campbellgreen2 sentences2023Having contractually promised [the buyer] that it could rely on certain representations, [the seller] is in no position to contend that [the buyer] was unreasonable in relying on [the seller’s] own binding words.”), aff’d, 945 A.2d 594 (Del. 2008) (TABLE); but see Eagle Force I, 187 A.3d at 1236 n.185 (“acknowledg[ing] the debate over whether a party can recover on a breach of warranty claim where the parties know that, at signing, certain of them were not true”). 2022Because I am satisfied the parties’ supplemental submissions are sufficiently responsive to the question, I see no need to ask them to do more. prior to closing without an express contractual provision to the contrary.”) (emphasis added). 298 Eagle Force, 187 A.3d at 1236 n.185 (“We acknowledge the debate over whether a party can recover on a breach of warranty claim where the parties know that, at signing, certain of them were not true.”) (emphasis added); id. at 1247 (expressing “doubt” that a buyer can “turn around and sue because of what he knew to be false remained so”) (Strine, C.J., con | 3 | 4 |
Fisher v. APP PHARMACEUTICALS, LLCgreen1 sentence2021App. Div. 1973). 12 Reed v. Pfizer, Inc., 839 F.Supp.2d 571, 578 (E.D.N.Y. 2012). 13 Fisher v. APP PHARMACEUTICALS, LLC, et al., 783 F.Supp.2d 424, 431 (S.D.N.Y. 2011). 7 Plaintiff argues that she has pled the breach of warranty claim adequately, pointing to Paragraph 17 of the Complaint. | 1 | 1 |
Reed v. Pfizer, Inc.green1 sentence2021App. Div. 1973). 12 Reed v. Pfizer, Inc., 839 F.Supp.2d 571, 578 (E.D.N.Y. 2012). 13 Fisher v. APP PHARMACEUTICALS, LLC, et al., 783 F.Supp.2d 424, 431 (S.D.N.Y. 2011). 7 Plaintiff argues that she has pled the breach of warranty claim adequately, pointing to Paragraph 17 of the Complaint. | 1 | 1 |
Spence v. Funkgreen1 sentence2019Economic Loss Doctrine There is no recovery in tort for purely economic loss caused by a defective product.6 Economic losses include monetary loss, cost of repair or replacement, loss of business or employment opportunities, and diminution in value.7 The : Spence v. Funk, 396 A.2d 967, 968 (Del.l978). | 1 | 1 |
Cline v. Prowler Industries of MaryLand, Inc.green1 sentence2000See Cline v. Prowler Indus. of Md., Inc., Del.Supr., 418 A.2d 968, 978, n. 19 (1980) (the focus of a negligence claim is the manufacturer’s conduct and the breach of an accepted standard of conduct); Borel v. Fibreboard Paper Prod. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Eagle Force Holdings, LLC v. Campbellgreen2 sentences2023Having contractually promised [the buyer] that it could rely on certain representations, [the seller] is in no position to contend that [the buyer] was unreasonable in relying on [the seller’s] own binding words.”), aff’d, 945 A.2d 594 (Del. 2008) (TABLE); but see Eagle Force I, 187 A.3d at 1236 n.185 (“acknowledg[ing] the debate over whether a party can recover on a breach of warranty claim where the parties know that, at signing, certain of them were not true”). 2022Because I am satisfied the parties’ supplemental submissions are sufficiently responsive to the question, I see no need to ask them to do more. prior to closing without an express contractual provision to the contrary.”) (emphasis added). 298 Eagle Force, 187 A.3d at 1236 n.185 (“We acknowledge the debate over whether a party can recover on a breach of warranty claim where the parties know that, at signing, certain of them were not true.”) (emphasis added); id. at 1247 (expressing “doubt” that a buyer can “turn around and sue because of what he knew to be false remained so”) (Strine, C.J., con | 2 | 4 |
| Case | Cited | Years |
|---|---|---|
Wilmer v. State
green
2 sentences2016P’ship, 136 A.3d at 688 ; Burrows v. Masten Lumber and Supply Co., 1986 WL 13111 , at *2-3 (Del. 2016P’ship, 136 A.3d at 688 ; Burrows v. Masten Lumber and Supply Co., 1986 WL 13111 , at *2-3 (Del. | 2 | 2016–2016 |
Henry v. State
green
1 sentence2023Having contractually promised [the buyer] that it could rely on certain representations, [the seller] is in no position to contend that [the buyer] was unreasonable in relying on [the seller’s] own binding words.”), aff’d, 945 A.2d 594 (Del. 2008) (TABLE); but see Eagle Force I, 187 A.3d at 1236 n.185 (“acknowledg[ing] the debate over whether a party can recover on a breach of warranty claim where the parties know that, at signing, certain of them were not true”). | 1 | 2023–2023 |
Layton v. Allen
green
1 sentence1978The alleged act of malpractice was performed more than two years before suit was filed, and the questions presented by the motion for summary judgment were these: (1) did the statute of limitations period in § 8119 commence to run more than two years prior to the date on which the complaint was filed and, (2) as to the breach of warranty claim, is the applicable statute of limitations the two-year period of § 8119 or the four-year period of 6 Del.C. § 2-725. 3 In denying summary judgment on the basis of § 8119 and the holdings of this Court in Collins v. Wilmington Medical Center, Del.Supr., 3 | 1 | 1978–1978 |
Collins v. Wilmington Medical Center, Inc.
green
1 sentence1978The alleged act of malpractice was performed more than two years before suit was filed, and the questions presented by the motion for summary judgment were these: (1) did the statute of limitations period in § 8119 commence to run more than two years prior to the date on which the complaint was filed and, (2) as to the breach of warranty claim, is the applicable statute of limitations the two-year period of § 8119 or the four-year period of 6 Del.C. § 2-725. 3 In denying summary judgment on the basis of § 8119 and the holdings of this Court in Collins v. Wilmington Medical Center, Del.Supr., 3 | 1 | 1978–1978 |
Hamilton v. Turner
green
1 sentence1978The alleged act of malpractice was performed more than two years before suit was filed, and the questions presented by the motion for summary judgment were these: (1) did the statute of limitations period in § 8119 commence to run more than two years prior to the date on which the complaint was filed and, (2) as to the breach of warranty claim, is the applicable statute of limitations the two-year period of § 8119 or the four-year period of 6 Del.C. § 2-725. 3 In denying summary judgment on the basis of § 8119 and the holdings of this Court in Collins v. Wilmington Medical Center, Del.Supr., 3 | 1 | 1978–1978 |
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.
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.