Delaware Litigation

Delaware’s State Courts: Efficiently Resolving Corporate and Commercial Disputes

Delaware is the leading state of incorporation in the United States, with approximately 50% of publicly-traded companies and 66% of Fortune 500 companies incorporated in Delaware. As a result, Delaware’s state courts are a leading venue for corporate and commercial litigation.

The Delaware Court of Chancery is renowned for establishing ground-breaking precedent in corporate law that is frequently adopted by courts in other jurisdictions. Over 1,000 civil actions are filed in the Court of Chancery every year. These cases include challenges to mergers, fiduciary duty claims, books and records cases, board composition disputes and appraisal actions. While the number of cases challenging the disclosures provided as part of mergers has declined, the number of appraisal actions filed in Delaware has doubled over the last decade.

The Delaware Superior Court, specifically its Complex Commercial Litigation Division (CCLD), is frequently the forum for complicated contract disputes, particularly earn-outs cases arising out of corporate sale agreements. The CCLD is available for cases with $1 million or more in dispute and is designed to ensure that such cases are decided efficiently and promptly.

All appeals from Delaware’s Chancery Court and Superior Court go directly to the Delaware Supreme Court, which resolves appeals, on average, just 33.3 days from the date of submission.



Delaware Courts and Agencies

Court Rules & Materials

  • Superior Court Materials
Hon. Jan R. Jurden Hon. Richard R. Cooch Hon. William C. Carpenter Jr.
Hon. William L. Witham Jr. Hon. Richard F. Stokes Hon. E. Scott Bradley
Hon. Calvin L. Scott Jr. Hon. Mary Miller Johnston Hon. John A Parkins Jr.
Hon. Diane Clarke Streett Hon. Charles E. Butler Hon. Eric M. Davis
Hon. Paul R. Wallace Hon. Vivian L. Medinilla Hon. Andrea L. Rocanelli
Hon. Ferris W. Wharton Hon. Jeffrey J. Clark Hon. Abigail M. LeGrow
Hon. Noel Eason Primos Hon. Sheldon K. Rennie  

Delaware Secretary of State
Harvard Law School Forum on Corporate Governance & Financial Regulation

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