As the Delaware judiciary emerges from a period of unprecedented turnover, the state Supreme Court is overturning Chancery Court decisions at a rate not seen in years, a significant departure for two courts known for their consistency when it comes to deciding matters of corporate and commercial law.
According to a review of recent Delaware Supreme Court opinions, Delaware’s justices have issued six full reversals of Delaware Court of Chancery rulings so far this year, compared to just two last year and two in 2015. Both of the 2016 reversals came last December, bringing the 10-month total for full reversals to eight. During that same time, the Supreme Court has issued partial reversals of three more trial court decisions, the analysis revealed.
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