99 Wolf Creek Boulevard, Suite 3
Dover, Delaware 19901 - Directions
(302) 674-3299 or 1-877-EABY LAW
M-F 8:00 a.m. to 5:00 p.m.
Evening and weekend consultations may also be available by appointment only.

Bradley S. Eaby, Esquire

Bradley S. Eaby, Esquire

EDUCATION
Delaware Law School
of Widener University
Wilmington, Delaware
September 1985 to May 1989

  • Degree: Juris Doctorate
  • Honor Grades: Banking Law, Civil Procedure, Criminal Procedure, Property and Torts
  • Merit Scholarships: Delaware Postsecondary Scholarship Fund and Delaware Law School of Widener University Scholarship

Shippensburg University
Shippensburg, Pennsylvania
September 1979 to May 1984

  • Degree: Bachelor of Science
  • Major: Speech Communications
  • Honors: Dean's List and Phi Kappa Delta (Honorary Speech Fraternal Organization)
  • Activities: Speech & Debate Teams

EXPERIENCE

The Eaby Firm, LLC
Attorneys at Law
Dover, Delaware
Oct 06, 2008 to present

  • Areas of Practice: Personal Injury, Business and Commercial Law & Litigation, Bankruptcy, Debtor/Creditor Rights, Landlord/Tenant, and Criminal Law

Barros, McNamara,
Malkiewicz & Taylor, P.A.
Attorneys At Law
Dover, Delaware
1989 to May 15, 2008

  • Director: January 1998 – May 2008
  • Personnel Manager: 2001 - 2002

Maryland Bank, N.A. (MBNA)
Newark, Delaware
November 1985 - June 1989

  • Position: Legal assistant to general counsel
  • Responsibilities included: Litigation support, contract drafting and review, trademark and copyright registration, monitoring compliance with Federal banking regulations, legal research and publication of monthly internal newsletter

Special Assignments:
- Developed and presented in-house seminar on the Fair Credit Billing Act
- Drafted MBNA Business Credit Card, Money Market Deposit, Certificate of Deposit and
Transaction Account Agreements
- Drafted Regulation E Disclosures

INSTRUCTOR

  • National Academy for Paralegals, Inc. - Bankruptcy and Alternatives Fall Semester 1993
  • Sussex County Bar Association – Bankruptcy Basics Seminar February 2012
  • Delaware State Bar Association – Small Firm / Solo Practitioner Seminar November 2014

ADMISSIONS

  • Delaware Supreme Court
  • Pennsylvania Supreme Court
  • United States Court of Appeals for the 3rd Circuit
  • United States District Court for the District of Delaware
  • United States Supreme Court

PUBLIC SERVICE

  • Delaware Volunteer Legal Services, Inc. - Volunteer lawyer (1990 - present)
  • Community Legal Aid Society, Inc. - Board Member & Treasurer (1998 - 2001)
  • Rotary - Downtown Dover Club - Past President (1997 - 1998)
  • YMCA of Central DE - Board of Directors, Secretary (1998 - 2001)
  • Delaware Superior Court - Involuntary Commitment Hearings (1995 - present)
  • Office of the Child Advocate - Guardian Ad Litem (2004 - present)
  • Delaware State Bar Association - Committee on Judicial Appointments (2001 - 2007)
  • Dover/Kent County Metropolitan Planning Organization, Vice Chair and Chairman (2007 – present)

ELECTED OFFICE

  • Kent County Levy Court - County Commissioner, 2nd District (2007 - present)
  • Kent County Levy Court - Vice President (January 2013 - present)

MEMBERSHIPS

  • Terry-Carey American Inn of Court (1992 - present)
  • American Bar Association (1990 - present)
  • Delaware State Bar Association (1990 - present)
  • Kent County Bar Association - Past President (1999-2000)
  • National Association of Consumer Bankruptcy Attorneys (2004 - present)
  • National Association of Counties - Director (2007 - present)
  • Delaware Trial Lawyers Association (2012 - present)

REPORTED CASES

Forest Grove, Inc. v. Andrews, Miller & Assoc., Del. Supr., 655 A. 2d 307 (1995); Lehman v. Schaefer, Del. Supr., 719 A. 2d 948 (1998); and Ingram v. Thorpe, Del. Supr., 747 A. 2d 545 (2000).

Osborn ex rel. Osborn v. Kemp, 991 A.2d 1153 (Del. 2010), Bradley Eaby, Esq. and Robert Cecil, Esq. successfully represented Mr. Kemp on appeal from the Court of Chancery’s grant of specific performance. Mr. Eaby initially litigated and won the right to have a holographic land sale contract, executed in 1984, specifically enforced (a very unique and extraordinary remedy) in the Court of Chancery. This victory would have allowed Mr. Kemp to complete the transaction for the purchase of a beachfront property that he entered into more than 25 years ago. Following Vice Chancellor Parsons’ grant of specific performance, the estate of Ms. Osborn appealed to the Delaware Supreme Court. On appeal, the case truly tested every element of the equitable remedy of specific performance.

If you would like to read the Court’s decision, click here: Osborn ex rel. Osborn v. Kemp, 991 A.2d 1153 (Del. 2010)

SELECT UNREPORTED CASES

Kent General Hospital, Inc. v. Russell, Del. Super., C.A. No.96C-04-009, Lee, J. (July 14, 1997); and Fairbanks Capital Corp. v. McInerny, Del. Ch., C.A. No. 1748-S, Steele, V.C. (Feb. 9, 1996); Westfield Insurance Group v. J.P.'s Wharf, Ltd., Del. Supr., No. 26, 2004, Steele, C.J. ( Sept. 17, 2004); Bryan v. Moore, 2004 WL 2271614 (Del. Ch.).

HOBBIES

Camping, surfing and running.