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JUDICIAL WATCH v. UNIVERSITY OF DELAWARE

No. 32, 2021.

267 A.3d 996 (2021)

JUDICIAL WATCH, INC., a District of Columbia corporation, and The Daily Caller News Foundation, Petitioners Below, Appellants, v. UNIVERSITY OF DELAWARE, Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: December 6, 2021.

Attorney(s) appearing for the Case

Theodore A. Kittila, Esquire , William E. Green, Jr., Esquire (argued), HALLORAN FARKAS ± KITTILA LLP, Wilmington, Delaware; for Appellants Judicial Watch, Inc. and The Daily Caller News Foundation.

William E. Manning, Esquire (argued), James D. Taylor, Jr., Esquire , SAUL EWING ARNSTEIN & LEHR LLP, Wilmington, Delaware; for Appellee University of Delaware.

Before VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices; and GLASSCOCK, Vice Chancellor, constituting the Court en banc.

In 2012, then-Vice President Joseph R. Biden, Jr. donated his Senatorial papers ("Biden Senatorial Papers" or "Papers") to the University of Delaware (the "University"). The donation was made pursuant to a gift agreement (the "Agreement") that placed certain restrictions on the...

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