Delaware Supreme Court Decision Aligns with Morris Nichols Amicus Brief on Consumer Fraud Act

On December 30, 2025, the Supreme Court of Delaware affirmed that Delaware’s Consumer Fraud Act (CFA) does not violate the Delaware Constitution's right to a jury trial, holding that the CFA is not sufficiently comparable to common law fraud, which historically required a jury trial.

In April 2025, Morris Nichols partner Karen Jacobs, along with retired partner Jack Blumenfeld and former associate Ben Yenerall, filed an amicus brief on behalf of the Community Legal Aid Society, Inc. (CLASI) and the Delaware Manufactured Home Owners Association (DMHOA) in support of the CFA’s constitutionality.

The case, Blue Beach Bungalows DE, LLC v. Delaware Department of Justice Consumer Protection Unit, asked the Delaware Supreme Court to consider the constitutionality of the Consumer Protection Unit’s administrative enforcement process under the Delaware Constitution. This process plays an essential role in ensuring an efficient enforcement mechanism that protects the rights of low-income individuals.

Read the decision here.