Tuckman v. Aerosonic Corp
In Tuckman v. Aerosonic Corp., 394 A.2d 226 (Del. Ch. 1978), a year after filing a notice of appearance, the defendant learned that a recent United States Supreme Court decision had held that parts of the Delaware service statute were unconstitutional. Tuckman, 394 A.2d at 227
The court emphasized that waiver of a known right in a civil case must involve a "knowing and voluntary waiver." Tuckman, 394 A.2d at 229.
The defendant subsequently waived the defense by continuing to engage in discovery and failing to assert the defense, or show reason for delay, after the defendant had actual knowledge of the implications of the Shaffer decision. Tuckman, 394 A.2d at 232-33.