Daniel L. Herrmann

Daniel Lionel Herrmann (June 10, 1913 – June 2, 1991) was an American lawyer, professor and community leader who served as a justice of the Delaware Supreme Court from 1964 to 1973 and chief justice from 1973 to 1985. Herrmann was known for his contributions to judicial reform and was the first Jewish judge in Delaware.

Early life and career Herrmann was born on June 10, 1913, in New York City. When he was two, he and his family moved to Wilmington, Delaware. Herrmann graduated from Wilmington High School in 1931, the University of Delaware in 1935 and the Georgetown University Law Center in 1939.

Herrmann's first legal job after passing the bar was for Wilmington attorney Steward Lynch, for whom he worked until enlisting in the United States Army in 1942. In 1946, he was discharged as a major and served as an Assistant United States Attorney for three years until he was appointed to the Delaware Superior Court by Governor Elbert N. Carvel, taking office on January 12, 1951. Because the compensation was too low to pay for his sons' education, Herrmann resigned from that seat on April 15, 1958, to return to private practice with colleague William Duffy. In 1961, he made partner at Herrmann, Bayard, Brill & Russell and represented the State of Delaware in its acquisition of property for Interstate 95.

In the 1985 corporate law case Smith v. Van Gorkom, the court held that a business is not protected under the business judgment rule if its directors neglect to make informed business decisions, thus breaching their fiduciary duty under Delaware corporate law. The landmark decision was met with criticism nationwide.

Personal life In 1940, Herrmann married Zelda Kluger, with whom he was an active leader of the Jewish community. They had two sons: Stephen and Richard. Three days after their 40th wedding anniversary, Zelda died of cancer at the General Division Hospital. In 1985, Herrmann married Millicent "Mitzi" Herrmann. After the courts moved to a newly constructed courthouse the old courthouse was sold to a credit card company and his name was removed from the building.