I am back from a very enjoyable conference at the University of Iowa, where I spoke with Justices Holland and Jacobs of the Delaware Supreme Court. They told me that the plaintiffs had appealed the Disney decision and that the oral argument would be held in December or January. The Court will issue its opinion within 60 days of the oral argument, so we should know something definitive on Disney early next year. Of course, the Justices would not discuss the merits of the case (and I didn't ask), but the consensus among academic participants of the conference was that the Delaware Supreme Court would affirm.
By the way, the Delware Supreme Court abandoned its en banc experiment, which I described here. Unless there is a disagreement on the initial panel of three justices, therefore, the Court will not sit en banc, even though it is an important case.
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