Back in Delaware

tpltblogger8 Comments

https://courts.delaware.gov/Forms/Download.aspx?id=226278

https://courts.delaware.gov/calendars/list.aspx?ag=Supreme%20Court&sec=Calendars

The billable hours continue as the Empire and the Resistance are set to meet again in Delaware on February 21.

An astute reader writes:

“The Delaware Supreme Court hears cases every Wednesday. As is typical by Supreme Courts in most states, briefs have been filed before the case is heard. Appeals cannot bring up anything outside of the original lawsuit except in unusual situations with outcome deterministic consequences such as if a document with decision changing implications has been found after the original trial.

The Supreme Court of Delaware also releases decisions on cases every Wednesday. By tracking this site we should be able to have visibility into when a decision will be released.”

I will post the briefs for this session should they happen to cross my path.

8 thoughts on “Back in Delaware”

  3. From the TPL Website! You couldn’t make this timing up if you tried! The 21st is certainly going to be busy for TPL.

    “Texas Pacific Land Corporation Sets Dates for Fourth Quarter and Full Year 2023 Earnings Release and Conference Call

     Download as PDFJanuary 25, 2024 4:15pm EST

    DALLAS–(BUSINESS WIRE)– Texas Pacific Land Corporation (NYSE: TPL) (the “Company” or “TPL”) announced today that the Company will release fourth quarter and full year 2023 financial results after the market closes on Wednesday, February 21, 2024. A conference call will be held on Thursday, February 22, 2024 at 8:30 a.m. Eastern Time.”

    Like

  4. I tried my best to do a rough calculation, but I don’t seem to be able to get around the site very well.

    How long usually – in the DE Supreme Court – does a case move to decision after being heard & argued?

    In the DE Chancery Court, the decision date was 1st Dec, while the trial date was 17th Apr. That’s about seven and a half months. I’d assume the Supreme Court would be quicker, since no new evidence, etc. can be presented.

    Like

    • Sharad,

      I posted the below back in December to give a primer on what to expect. On your query regarding how long to a decision, we can look at historical averages and make some inferences. Since the original case took 7+ months with followup summary briefs from each side until the final ruling opinion, I think the appeal will be longer than the average time of a Delaware Supreme Court appeal of 29 days. How much longer is a guess. 

      We can track on the Delaware Supreme Calendar upcoming decisions with about a two month forward time view.

      From my December post:

      The Delaware Supreme Court is primarily an Appeals Court. It’s not a new trial, the appeal can only deal with issues and evidence already brought up in the trial record and argument briefs. Often, but not always oral arguments will be made. This is in addition to the written briefs from each side as part of the appeal process. There is no jury, and usually a 3 judge panel will decide the case. On very high profile appeals, or places where a decision will potentially make a new precedent, there will be a 5 judge panel.

      The Delaware Supreme Court is known for being a speedy appellate court. Recent history shows the Court’s appeals were decided on an average of 29 days from the date of submission to the date of final decision. 

      My opinion is the great majority of cases decided quickly are going to be single issue, simple cases where the appeal concerns a fairness/equity issue, or an interpretation of a law or justice process.

      The TPL/HK-SV case is far from a simple case. 

      I found on the Delaware Supreme Court web site the information below, which suggests complex litigation can mean a lengthy appeal process.

      “The Court also met its performance measure for the disposition of 75% of all cases within 290 days of the date of filing a notice of appeal, exceeding this objective by disposing of 87% of all cases within that timeframe.”

      Thus, 13% of cases will take longer than 290 days, or 9 1/2 months.

      Like

  5. I cant help but wonder who is being paid and how much. Every one is having a grand time but the stockholders, who supp idly own the company.

    Like

Comments are closed.