DeJesus v. Delaware

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• providing that waiver may occur by “passive conduct,” and that “[s]uch waiver is basically a question of intention, and usually a matter for the trier of fact”
• Assuming state laws were same because neither party argued laws were different; therefore, applied forum state law
• noting an anti-assignment clause may be waived by written agreement, a course of dealing, or failing to take action to invalidate the assignment
• \clause must contain express provisions that any assignment shall be void or invalid if not made in a certain specified way\
• “clause must contain express provisions that any assignment shall be void or invalid if not made in a certain specified way”
• “ ‘[t]o reveal the intent necessary to preclude the power to assign, or cause an assignment violative of contractual provisions to be wholly void, such clause must contain express provisions that any assignment shall be void or invalid if not made in a certain specified way’ ”

Source: CourtListener parenthetical corpus (CC0).