Recent News

al-jazeera

Al-Jazeera's Indemnification Claims for $100M in Ex-VP Gore Suit Survive

By Gina Passarella |

An Al-Jazeera Media Network subsidiary has kept alive its indemnification claims against former Current TV owners, including former Vice President Al Gore, for more than $100 million.

Newell Installed as Head of Family Court

By Michael A. Riccardi |

Judge Michael K. Newell was sworn in July 31 as chief judge of the Delaware Family Court in a ceremony that—as the new chief judge requested—focused on the importance of the court as much as if not more than the attributes of its new leader.

Insurer in UM Coverage Dispute Can't Make Third-Party Claim

By Michael A. Riccardi |

A third-party complaint by an auto insurance carrier against an alleged tortfeasor has been clipped from a dispute over uninsured motorist benefits brought by a policyholder, according to a ruling last week from a New Castle County Superior Court judge.

Supreme Court's Grant of Perjury Immunity Leads to New Trial

By P.J. D'Annunzio |

The state Supreme Court has granted a new trial where the state's "star" witness was given immunity for lying under oath in a case against her son.

Williams Law Firm Announces New Director

The Williams Law Firm announced that Brian C. Crawford of the Delaware small-business transactions and litigation group became director of the firm.

Bayard Attorney Attends ABA Meeting as Del. Delegate

Evan T. Miller of Bayard P.A. attended the 2015 American Bar Association's annual meeting in Chicago.

conference

Berger Harris Partners Host CLE Webinar on LLCs

Berger Harris partners Michelle Quinn and Brian Gottesman hosted a CLE webinar titled "Rendering Third-Party Legal Opinions on LLC Status, Power, Action, Enforceability and Membership Interests."

Delaware Court Administrator to Lead National Organization

By Ben Seal |

Delaware's court administrator will bring her local experience to the national stage as she takes on a leadership role in an organization focused on improving the effectiveness and efficiency of the nation's court systems.

Judge Requires No Reports, but More Disclosure on Experts

By Lizzy McLellan |

In a case where an expert report is not required, the court may insist that a plaintiff provide disclosures that explain expert witnesses' specific opinions and the bases for those conclusions, a Superior Court judge in Kent County has ruled.

Morris Nichols Attorney Chosen for ABA Envoys Program

Morris, Nichols, Arsht & Tunnell partner Eric S. Klinger-Wilensky was selected as a member of the American Bar Association business law section's Envoys Program.

conference

Morris James Attorneys to Take Part in DSBA Seminar

Joseph R. Slights III and Gretchen S. Knight of Morris James are set to participate in a Delaware State Bar Association seminar titled "Supreme Court Review 2015: A Discussion of Decisions at the Highest State and Federal Judicial Levels."

Womble Carlyle Partner Moderates Bankruptcy Panel

Womble Carlyle Sandridge & Rice partner Tom Horan moderated a panel discussion of four bankruptcy judges at the American Bankruptcy Institute's 11th annual Mid-Atlantic Bankruptcy Workshop.

/image/pa/300_pics/SchoolBus_Article.jpg

Court: Accident While Crossing Road For School Bus Merits PIP Benefits

By Ben Seal |

A student injured while crossing the road to board a school bus is entitled to personal-injury protection benefits from the automobile policy insuring the bus, the Kent County Superior Court has ruled in a case of first impression.

Nortel Bankruptcy Appeals Denied Fast Track to Third Circuit

By Gina Passarella |

A Delaware bankruptcy judge has denied a bid to fast-track to the Third Circuit appeals of his decision on how to split up $7.3 billion in Nortel assets.

Former DOJ Prosecutor Suspended for Six Months and a Day

By Gina Passarella |

The Delaware Supreme Court has suspended a former prosecutor for six months and a day over his trial conduct that resulted in a defendant's murder conviction being overturned.

Chancery Court Litigator Joins Ballard Spahr

Elizabeth A. Sloan joined Ballard Spahr as of counsel in its Delaware office.

Pachulski Stang Partner To Moderate ABI Panel

Laura Davis Jones of Pachulski Stang Ziehl & Jones is set to moderate "Ethics: You're Outta There! Avoiding Disqualification Landmines" at the American Bankruptcy Institute's 11th annual Mid-Atlantic Bankruptcy Workshop.

conference

Elliott Greenleaf Shareholder Speaks on Bankruptcy Litigation

Elliott Greenleaf's Shelley A. Kinsella participated in a panel for the American Bankruptcy Institute titled "Time for Trial: Evidentiary Issues in Bankruptcy Litigation."

Parsons' Retirement Continues High-Profile Bench Reshuffle

By Michael A. Riccardi |

When Collins J. "C.J." Seitz Jr. was sworn in as Delaware's newest Supreme Court justice in May, it was seen as the end of a year-long reshuffling on the high court, one that also had an impact on the Court of Chancery, seen as the state's other high-profile bench, as Leo E. Strine Jr. was elevated from chancellor to chief justice of the Supreme Court.

Superior Court Lacks Jurisdiction in Delmarva Billing Case

By P.J. D'Annunzio |

The New Castle County Superior Court has ruled it does not have jurisdiction in a class action filed against the Delmarva power company for overcharging for electricity.

Workers' Compensation Dismissal Bars Negligence Lawsuit

By Ben Seal |

A man who pursued workers' compensation benefits with the Industrial Accident Board is barred by the election of remedies doctrine from pursuing a negligence suit against his employer, despite the IAB rejecting his efforts, the New Castle County Superior Court has ruled.

Saul Ewing Partner Elected Appoquinimink Board President

Saul Ewing partner Richard A. Forsten was elected president of the Appoquinimink Board of Education for the 2015-16 school term.

hearings

Morris James Attorney to Participate in Bankruptcy Panel

Stephen M. Miller, a partner with Morris James, is scheduled to participate in a panel titled "Reading Between the Lines: Writing-Based Focus (Drafting Agreements)" at the 11th annual Mid-Atlantic Bankruptcy Workshop on Aug. 7.

Young Conaway Attorney Speaks at ABA Webinar

Young Conaway Stargatt & Taylor associate Margaret M. DiBianca was a panelist for the American Bar Association webinar titled "Clash of the Titans: Mixing Personal and Professional on Social Media" on July 15.

Seitz Confirmed to Delaware Supreme Court

By Gina Passarella and Michael A. Riccardi |

The Delaware Senate last week unanimously confirmed the nomination of Collins J. "C.J." Seitz Jr. as a justice on the state Supreme Court.

Joseph J. Rhoades, left, and Stephen T. Morrow

Firm Becomes Rhoades & Morrow

With the election of Stephen T. Morrow as a partner, the Law Offices of Joseph J. Rhoades announced a new name: Rhoades & Morrow.

Former Del. Deputy AG Daniel Simmons

Ex-Assistant AG Simmons Pleads Guilty to Rape Charge

By Michael A. Riccardi |

Daniel Simmons, a former deputy attorney general, entered a guilty plea March 23 to one count of fourth-degree rape of a 16-year-old boy, according to the Delaware Department of Justice.

Hormel Entitled to Payment of $2.84M Claim From Hog Producer

By Michael A. Riccardi |

A U.S. bankruptcy court judge has ordered that a hog producer pay a $2.84 million arbitration award originally owed to Hormel Foods, even though the award is currently still in litigation.

Court Applies 'Alice' to Invalidate Airline Industry Sales Patent

By Gina Passarella |

In applying the U.S. Supreme Court's much-discussed 2014 patent decision in Alice v. CLS Bank International, a Delaware federal judge has found patents for computer technology that helps airlines upsell seat offerings to passengers were directed at an abstract idea that could not be patented.

Court Tosses $15 Million Verdict, Saying It Contradicts Agreement

By Lizzy McLellan |

The Delaware Supreme Court has reversed a $15.1 million award to NorthPointe Capital, ruling that the Superior Court improperly interpreted and reformed a contract between the plaintiff and its former majority owner.

Anxiety Caused by Trial Delays Is Prejudicial to Defense, Court Rules

By Jeff Mordock |

The Delaware Court of Common Pleas dismissed a driving under the influence charge against a defendant after concluding the roughly two-year gap between his arrest and scheduled jury trial unfairly prejudiced the case.

/image/pa/300_pics/YearInReview_2014_Article.jpg

New AG, Simmons Case Highlight Criminal Law Developments

By Jeff Mordock |

The Attorney General's Office was the focus of Delaware's criminal law bar for much of 2014. A new attorney general was elected for the first time in eight years and a longtime prosecutor was arrested on charges that he raped a teenager.

Primary Assumption of Risk Must Be Evaluated Through Evidence

By Jeff Mordock |

Judicial evaluation of a primary assumption of risk defense must be fact-intensive and may only be adjudicated through summary judgment on rare occasions, the Delaware Supreme Court has ruled.

hearings

Morris Nichols Partner to Take Part in Panel on Corporate Law

Morris, Nichols, Arsht & Tunnell partner Patricia O. Vella is set to speak at Northwestern University School of Law's 42nd annual Securities Regulation Institute.

conference

Bayard Associate Speaks at Phila. Bar Event on Bankruptcy

Evan T. Miller, an associate in Bayard P.A.'s bankruptcy group, spoke at an event organized by the Philadelphia Bar Association's banking and commercial finance committee.

Seven Richards Layton Lawyers Admitted to Delaware Bar

Richards, Layton & Finger welcomed seven new associates to the Delaware bar.

Delaware Supreme Court

Two Seen as Possible Candidates to Replace Ridgely on High Court

By Jeff Mordock |

Roughly one month after Delaware Supreme Court Justice Henry duPont Ridgely announced his intent to retire in January, two names are being discussed among the state's legal community as possible replacements.

/image/pa/300_pics/YearInReview_2014_Article.jpg

Del. Supreme Ct., Amid Personnel Shifts, Forges New Ground

By Jeff Mordock |

Turnover—including the installation of new Chief Justice Leo E. Strine Jr.—didn't stop the Delaware Supreme Court from authoring several important decisions this year.

Defendant Ordered to Pay Attorney Fees for Discovery Violations

By Jeff Mordock |

The Delaware Court of Chancery has ordered a cash advance lender to pay a plaintiff's attorney fees and expenses after the loan company failed to comply with a court order to produce a spreadsheet detailing its annual percentage rates.

/image/pa/300_pics/SaintMarks-Article.jpg

Saint Mark's High School Mock Trial Team Named Fourth in World

The Saint Mark's High School mock trial team was named fourth in the world in the Empire Mock Trial World Championship held in Brooklyn, N.Y.

merger

Reger Rizzo Adds Attorney To Its Wilmington Office

Robert K. Pearce joined Reger Rizzo & Darnall.

Widener Law Appoints Four Profs With Distinguished Title

Widener University School of Law interim dean Erin Daly appointed four Delaware faculty members with the title "distinguished professor of law."

Despite Row, Smooth Path to Confirmation Seen for Jurden

By Jeff Mordock |

Only one member of the Delaware General Assembly's Senate Executive Committee said he intends to ask Superior Court Judge Jan R. Jurden about her controversial decision in the Richards case during her confirmation hearing to become president judge of the court she now serves.

Sanctions Against Young Conaway Nixed in Jewel Hoax Lawsuit

By Jeff Mordock |

A Florida federal judge has dismissed a lawsuit alleging Young Conaway Stargatt & Taylor aided a treasure hunter's phony search for emeralds, but the firm's attorney, Bruce Silverstein, could still face sanctions for his alleged role in the hoax.

business man cutting red ribbon

Womble Carlyle Launches Delaware Chancery Court Practice

By Jeff Mordock |

Womble Carlyle Sandridge & Rice has launched a Delaware Court of Chancery litigation group in its Delaware office and tapped corporate law practitioner Jill K. Agro as the new unit's first hire.

ACLU Argues Del. Charter Schools Are Discriminatory

The American Civil Liberties Union and Community Legal Aid Society Inc. filed a complaint Dec. 3 with the Office for Civil Rights in the U.S. Department of Education arguing that Delaware's charter school law and policies have a discriminatory impact on students of color and students with disabilities.

Morris Nichols Attorney Receives DSBA Service Award

The Delaware State Bar Association selected Morris, Nichols, Arsht & Tunnell partner Michael Houghton as this year's recipient of the Award for Outstanding Service to the Courts and the Bar.

merger

Dillon Named Partner With McCann & Wall

Timothy A. Dillon was named a partner in McCann & Wall.

JP Court Must Review Evidence Before Issuing Forthwith Summons

By Jeff Mordock |

Delaware's Justice of the Peace Court cannot issue a forthwith summons, a trial occurring roughly one day after a complaint is filed, in rent disputes unless a landlord produces evidence of immediate harm, the Delaware Supreme Court has ruled. The Supreme Court's decision ordered a new trial for a couple who lost an eviction hearing less than 24 hours after they received the complaint.

Seal of Supreme Court of Delaware

Analysts Say Corporations Shouldn't Fret Over Court Turnover

By Jeff Mordock |

The Delaware Supreme Court, viewed by many as the nation's top corporate court, has been rocked by turnover with four of its five justices retiring in roughly one year's time. Corporate law analysts say the departures will not impact the state's reputation among a business community more focused on the substance of law rather than the judges deciding it.

Failure to Seek Bland Instruction Did Not Prejudice Jury

By Jeff Mordock |

The Delaware Supreme Court held that the trial attorney for convicted murderer Mark Purnell should have requested a jury instruction regarding the credibility of accomplice testimony, a so-called Bland instruction. However, the court declined to overturn Purnell's conviction, ruling the error did not prejudice the jury because it received general instructions regarding witness motivation and bias.