Delaware Supreme Court
Delaware highest court, hearing appeals from the Court of Chancery and other state courts.
Definition
The Delaware Supreme Court is the state highest court, hearing appeals from the Court of Chancery, Superior Court, Family Court, and Court of Common Pleas. Five Justices appointed by the Governor for 12-year terms. The court corporate-law decisions establish precedent across Delaware.
Context
Major Delaware LLC and corporate cases (Smith v. Van Gorkom, Revlon, MFW, Corwin v. KKR) reach the Supreme Court.
Example
A Chancery decision on Operating Agreement enforcement is appealed to the Delaware Supreme Court; the Supreme Court decision establishes statewide precedent.
Common pitfalls
- Appeals add 6-18 months to litigation timeline.
- Supreme Court decisions have broad precedential effect.