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Search Results | Claymont Steel Plant Hit With Toxic Tort Suit 
Elizabeth Bennett
Delaware Law Weekly
2010-09-01
A group of residents of Claymont has filed suit in New Castle County Superior Court against the companies that own the Evraz Claymont Steel plant, alleging injury and economic damage inflicted by industrial dust emitted from the plant.
Battle Over Tropicana Trademark Reaches Delaware Bankruptcy Court
Elizabeth Bennett
Delaware Law Weekly
2010-09-01
A court battle in Nevada over ownership of the trademarks "Tropicana" and "Trop" moved cross country last month when a group of companies controlled by Carl Icahn filed to have their dispute with the Tropicana Hotel Las Vegas settled in the U.S. Bankruptcy Court for the District of Delaware.
SEC Makes It Easier for Investors to Nominate Corporate Directors
Sheri Qualters
The National Law Journal
2010-09-01
The U.S. Securities and Exchange Commission voted 3-2 last month to change how public company shareholders can nominate directors on proxy materials.
Former Delaware Deputy AG Joins Berger & Montague
Delaware Law Weekly
2010-09-01
Daniel R. Miller, former deputy attorney general in the Delaware Department of Justice, has joined Berger & Montague as of counsel, the Philadelphia firm announced Aug. 19.
Chancery Court Awards $1.2 Million in Damages
Delaware Law Weekly
2010-09-01
The Court of Chancery has awarded the plaintiff in GyneConcepts Inc. v. Kim nearly $1.2 million in damages plus pre-judgment interest, as shown in an Aug. 17 letter opinion written by Chancellor William B. Chandler III.
Potter Anderson & Corroon Adds Corporate Attorney
Delaware Law Weekly
2010-09-01
Potter Anderson & Corroon announced last week that Kerrianne M. Fay has joined the firm as an associate with the corporate group. She will focus her practice primarily on corporate and commercial litigation in the Delaware Court of Chancery.
Court: Barnes & Noble Board Adopted Reasonable 'Poison Pill'
Elizabeth Bennett
Delaware Law Weekly
2010-08-25
In a case that was a prelude to a proxy fight, the Court of Chancery dismissed numerous counts for breach of fiduciary duty filed by Barnes & Noble investor Ronald Burkle against the members of the bookseller's board.
Election Shines Light on Unconstitutional Delaware City Ordinance
Elizabeth Bennett
Delaware Law Weekly
2010-08-25
Delaware City recently lived through one of those legal problems that crop up from time to time: An old ordinance in its city charter turned out to be unconstitutional.
Delaware Ruling Will Let Investors Team Up Against Hedge Funds
Sheri Qualters
The National Law Journal
2010-08-25
A Delaware Supreme Court ruling against a defunct hedge fund affiliated with the Perot Family Trust will make it easier for hedge fund investors to investigate legal claims against closed hedge funds.
Stark Sworn in as Federal District Court Judge for Del.
Delaware Law Weekly
2010-08-25
Leonard P. Stark was sworn in as a U.S. District Court judge for the District of Delaware on Aug. 16 in a private ceremony, according to an announcement from the court. A formal ceremony will be "held in the future," the court's announcement said.
Bankruptcy Court Approves Teleglobe Settlement
Delaware Law Weekly
2010-08-25
The U.S. Bankruptcy Court for the District of Delaware has approved a settlement between Teleglobe Communications Corp. and its affiliates and BCE Inc. and certain of its officers and directors. Judge Mary F. Walrath approved the settlement agreement on Aug. 12, court papers show.
Goodwill Elects Potter Anderson Litigator as Board Chair
Delaware Law Weekly
2010-08-25
Sarah E. DiLuzio, an associate with the litigation group of Potter Anderson & Corroon, was elected to serve as chairwoman for the board of Goodwill of Delaware and Delaware County, the firm announced on Aug. 16. DiLuzio has been a Goodwill board member for the past five years. She previously held the positions of first vice chair and chair of the Human Services Committee.
Korean Crime Fighters Visit Superior Court
Delaware Law Weekly
2010-08-25
Three officers from the Seoul Metropolitan Police Agency of the Republic of Korea visited Superior Court chambers and viewed a trial on Aug. 5, the court announced.
As Farnan Leaves Federal Bench to Start Firm, Hopefuls Emerge
Elizabeth Bennett
Delaware Law Weekly
2010-08-18
When Leonard P. Stark was confirmed as a district judge for the U.S. District Court for the District of Delaware on Aug. 5, passersby may have heard the sighs of relief at the federal building, because the court came perilously close to having two vacancies on its four-judge bench.
AstraZeneca Settles More Than 17,000 Seroquel Suits for $198 Mil.
Elizabeth Bennett
Delaware Law Weekly
2010-08-18
AstraZeneca Plc has agreed to settle about 17,500 products liability suits involving its blockbuster drug Seroquel for a total of $198 million.
Bankruptcy Trustee's Unfair Transaction Claims Withstand Motion
Elizabeth Bennett
Delaware Law Weekly
2010-08-18
A complaint filed in the Court of Chancery by the creditor trustee in the bankruptcy of Insilco Technologies Inc. survived a motion to dismiss late last month, but only for those claims related to an allegedly unfair transaction.
Markell Vetoes Uninsured Driver Bill With Mandatory Fine
Delaware Law Weekly
2010-08-18
Early this month, Gov. Jack Markell vetoed House Bill 462, which would have eliminated a judge's ability to determine punishments for uninsured drivers.
Walsh Appointed to Post With ABA Section of Business Law
Delaware Law Weekly
2010-08-18
Peter J. Walsh Jr., a partner in the corporate and litigation groups of Potter Anderson & Corroon, is beginning a three-year term on the council of the American Bar Association section of business law, the firm announced on Aug. 9. The council is responsible for setting the strategic path for the business law section. Walsh recently completed his term as chair of the section's business and corporate litigation committee.
Speculation over District Court Judgeship Centers on Ammons
Elizabeth Bennett
Delaware Law Weekly
2010-08-16
Not long after the three names on the short list to fill a vacancy on the federal bench in Delaware were reported, speculation began to simmer that President Obama would choose Linda L. Ammons, the dean of Widener University School of Law.
News Update
Bankruptcy Trustee's Unfair Transaction Claims Survive Motion to Dismiss
Elizabeth Bennett
Delaware Law Weekly
2010-08-12
A complaint filed in the Court of Chancery by the creditor trustee in the bankruptcy of Insilco Technologies Inc. survived a motion to dismiss late last month, but only for those claims related to an allegedly unfair transaction.
State's Delegation in Congress Impacts Wall Street Bill
Elizabeth Bennett
Delaware Law Weekly
2010-08-11
The Dodd-Frank Wall Street Reform and Consumer Protection Act that President Obama signed into law on July 21 contains some corporate governance provisions that could fairly be called encroachments on Delaware law, but it could have been much worse if not for the efforts of the state's elected officials in Washington.
Revamped Law on Unclaimed Property Seeks New Balance
Elizabeth Bennett
Delaware Law Weekly
2010-08-11
When Gov. Jack Markell signed Senate Bill No. 272 into law on July 23, he may have done much to soothe the frustrations of the many corporations chartered in Delaware who have been displeased with the state's unclaimed property program.
With Stark Confirmation, Del. Finally Gets Its District Judge
Elizabeth Bennett
Delaware Law Weekly
2010-08-11
While headlines declared Elena Kagan's confirmation as U.S. Supreme Court Justice -- ensuring that for the first time, three women would sit on the nation's highest court -- another confirmation quietly took place that was of vital importance to Delaware.
Tussey Sworn in as NCCo Family Court Commissioner
Delaware Law Weekly
2010-08-11
Susan P. Tussey became a commissioner of the Family Court at an investiture ceremony held July 30 at the New Castle County Courthouse in Wilmington.
Steele Joins Board of National Center for State Courts
Delaware Law Weekly
2010-08-11
Myron T. Steele, chief justice of the Delaware Supreme Court, has joined the board of directors of the National Center for State Courts, the court announced on Aug. 2. The nonprofit NCSC aims to improve the administration of justice through leadership and service to the nation's state courts. Steele is expected to serve a four-year term.
Schnader Harrison Moves to New Market Street Office
Delaware Law Weekly
2010-08-11
Schnader Harrison Segal & Lewis announced last week that it has moved its Delaware office. The firm's new Wilmington address is 824 N. Market St., Suite 800.
Great Recession Leaves Its Mark on Del. Legal Market
Elizabeth Bennett
Delaware Law Weekly
2010-08-04
A recent survey of law firms found that more than 75 percent believe that pricing pressure, alternative fee arrangements and efficiency measures will remain part of the legal business even after the Great Recession has faded to a painful memory.
Carper Pushes for Senate Vote on District Judge Nomination
Elizabeth Bennett
Delaware Law Weekly
2010-08-04
U.S. Sen. Thomas R. Carper, D-Del., took to the Senate floor last week to urge his colleagues to vote on the nomination of Magistrate Judge Leonard P. Stark to the U.S. District Court for the District of Delaware.
Superior Court Reverses Denial of Access Discrimination Decision
Elizabeth Bennett
Delaware Law Weekly
2010-08-04
The Kent County Superior Court has ruled that subjectively offensive and rude treatment does not constitute a denial of access to public accommodations proscribed by Delaware's anti-discrimination statutes.
Connolly Bove Makes 'Hot List'
Delaware Law Weekly
2010-08-04
Connolly Bove Lodge & Hutz was one of 20 firms to appear on the "Midsize Hot List" published by The National Law Journal on July 12. It was the only Delaware-based firm to appear.
Joseph Elected President Of NACTT
Delaware Law Weekly
2010-08-04
Michael B. Joseph, a partner in the Wilmington firm Ferry Joseph & Pearce, has been elected president of the National Association of Chapter Thirteen Trustees, the firm announced on July 13.
Carper Urges Vote on New District Judge for Del. Fed. Bench
Elizabeth Bennett
Delaware Law Weekly
2010-07-30
U.S. Sen. Thomas R. Carper, D-Del., took to the Senate floor on July 29 to urge his colleagues to vote on the nomination of Magistrate Judge Leonard P. Stark to the U.S. District Court for the District of Delaware.
Del.'s Legal Economy Less Scarred by Recession Than Nation's
Elizabeth Bennett
Delaware Law Weekly
2010-07-28
The year 2009 saw quite a bloodletting, after the financial crisis of late 2007 hit law firms hard then settled into a Great Recession that saw work dry up and left armies of associates at large firms with little to do.
Ire at BP Doesn't Stall Suit Against Other Oil Co.: Judge
Shannon P. Duffy
The Legal Intelligencer
2010-07-28
The effects of the catastrophic BP oil leak in the Gulf of Mexico spread all the way to a Philadelphia courtroom recently when lawyers for Valero Energy Corp. and Premcor Refining Group asked a federal judge to delay a trial because jurors are biased right now against the entire oil industry.
High Court: Beach Replenishment Is Not a 'Taking'
J. Wylie Donald
Delaware Law Weekly
2010-07-28
The end of June was ideal beach weather. Thousands visited Bethany and Rehoboth beaches and points in the vicinity and felt the rejuvenation brought on by hot sun, blue waters and white sands. Unknown to most, the end of June also saw beach rejuvenation of a different sort: Legal rules were affirmed with regard to how beach replenishment may be conducted.
Justices Say Markell Can Serve As National Education Adviser
Delaware Law Weekly
2010-07-28
The Delaware Supreme Court has affirmed that Gov. Jack Markell may accept a position on the National Assessment Governing Board while simultaneously serving as governor of Delaware. The board advises the federal government on the collection and dissemination of national academic performance data.
DSU Equestrian Title IX Suit Receives Class Certification
Delaware Law Weekly
2010-07-28
On July 12, Magistrate Judge Leonard P. Stark of the U.S. District Court for the District of Delaware granted class action status to Foltz v. Delaware State University, a Title IX lawsuit filed by members of the DSU equestrian team.
Widener Law Announces Changes for Delaware Campus
Delaware Law Weekly
2010-07-28
Linda L. Ammons, dean of the Widener University School of Law, has announced key faculty and staff changes for the Wilmington campus for the upcoming academic year.
Bankruptcy Protection Act Trumps ERISA, 3rd Circuit Rules
Shannon P. Duffy
The Legal Intelligencer
2010-07-21
In a huge win for labor, a federal appeals court has ruled that a corporation in bankruptcy cannot terminate its retirees' health and life insurance benefits -- even if its ERISA plan explicitly reserved its right to unilaterally terminate such benefits -- unless it can show that doing so is a necessary part of its reorganization plan.
Potter Anderson Signs Long-Term Lease at Hercules Plaza
Elizabeth Bennett
Delaware Law Weekly
2010-07-21
Potter Anderson & Corroon announced last week that it has extended its lease with McConnell Johnson Real Estate LLC for space at Hercules Plaza through 2028, with options to occupy up to 90,000 total square feet over the term of the extension.
Legislature Passes Law to Count Inmates at Home Addresses
Amaris Elliott-Engel
The Legal Intelligencer
2010-07-21
As state legislatures gear up for political fights over drawing up legislative districts following the 2010 census, Delaware is poised to become the second state to pass a law to require that state and federal prisoners be counted as residents of their home addresses for purposes of drawing up state and local legislative districts.
Supreme Court Refuses Appeal On Freeze-Out Review Standard
Delaware Law Weekly
2010-07-21
The Delaware Supreme Court refused an interlocutory appeal in the case In re CNX Gas Corp. Shareholders Litigation in an order dated July 8, just three days after the Court of Chancery certified the appeal to the high court.
Chancery Court Awards $1.2 Million in Attorney Fees
Delaware Law Weekly
2010-07-21
The Court of Chancery has awarded $1.2 million in attorney fees in Berger v. Pubco Corp., a case that dealt with appraisal remedies for minority shareholders after a short-form merger.
The June 23 letter opinion on fees from Chancellor William B. Chandler III said that he found $1.2 million "to be a fair award, both to the shareholder class and to its counsel."
Securities Law Firms Examining Playboy's Plan to Go Private
Tresa Baldas
The National Law Journal
2010-07-15
Securities law firms are looking at whether to take on Playboy Enterprises over its plan to take the company private, with one firm already out of the gate with a lawsuit.
Justices Asked to Decide Standard of Review in Freeze-Out
Elizabeth Bennett
Delaware Law Weekly
2010-07-14
The Court of Chancery has certified an interlocutory appeal to the Delaware Supreme Court regarding the proper standard of review to be used when judging a unilateral two-step freeze-out performed by a controlling stockholder.
Ballard Spahr Task Force Tackles Financial Reform Bill
Elizabeth Bennett
Delaware Law Weekly
2010-07-14
The new financial reform bill, poised for a vote in the U.S. Senate, is a gargantuan collection of provisions so complex that clients in numerous business sectors will be turning to counsel for help.
Legal Implications of Social Networking Websites in the Workplace
Sarah E. DiLuzio and Michael B. Rush
Delaware Law Weekly
2010-07-14
The use of social networking sites such as Facebook and Twitter continues to increase. Recent statistics show that Facebook has more than 100 million users in the United States and an estimated 350 million users worldwide. Given this growth, it should come as no surprise that employers use information gathered on these sites in making employment decisions.
Courthouse Funds, Restored Pay Are Bright Spots in Judicial Budget
Elizabeth Bennett
Delaware Law Weekly
2010-07-07
While the $87 million allocated to the judiciary's general fund for fiscal year 2011 is still a spare budget by any measure, it restores the 2.5 percent pay cut suffered by all state employees, which was the No. 1 priority of Chief Justice Myron T. Steele of the Delaware Supreme Court.
For Drug Companies, New 'Nerve Center' Test May Be Unnerving
Shannon P. Duff
The Legal Intelligencer
2010-07-07
In one of the first rulings to apply the U.S. Supreme Court's new "nerve center" test for determining corporate citizenship, a federal judge has ruled that since GlaxoSmithKline's executive headquarters is in Philadelphia, the company cannot remove a products liability lawsuit from a Pennsylvania state court to federal court.
New DSBA President Aims to Build Pro Bono Service in Delaware
Elizabeth Bennett
Delaware Law Weekly
2010-07-07
Matthew M. Greenberg of Pepper Hamilton, who became president of the Delaware State Bar Association effective July 1, understands the importance of pro bono work and will work to ramp up these services among a bar membership already known for being generous with its time.
Bradley Bills Become Law
Delaware Law Weekly
2010-07-07
On June 30, the last day of the legislative session, Gov. Jack Markell signed into law nine bills introduced in the wake of the Dr. Earl Bradley child sexual abuse case.
Beau Biden Returns to Work
Delaware Law Weekly
2010-07-07
Attorney General Beau Biden returned to the office last week, after recovering from a mild stroke he suffered on May 11.
The Executive Committee of the DSBA
Delaware Law Weekly
2010-07-07
Click the headline above for a list of members' names.
Correction - Issue of June 30, 2010
Delaware Law Weekly
2010-07-07
In the June 23 Delaware Law Weekly article headlined "Jury Awards Dow More Than $60 Mil. In Patent Infringement Suit," it should have been reported that although Judge Joseph J. Farnan Jr. denied Nova Chemical's motion to dismiss on standing after the jury trial, he had yet to rule regarding the June 16 bench trial on the same issue.
Panel: Firefighters Are State Employees Under Workers' Comp Law
Elizabeth Bennett
Delaware Law Weekly
2010-06-30
A narrowly tailored ruling from the New Castle County Superior Court in a matter of first impression has defined volunteer firefighters as state employees for the purposes of the Workers' Compensation Act and the immunity from suit that goes along with it.
In Four Decisions, U.S. Supreme Court Limits Reach of Fraud Statutes
Tony Mauro
The National Law Journal
2010-06-30
In four high-impact decisions last week, the U.S. Supreme Court significantly limited the scope of federal laws used by prosecutors and plaintiffs in pursuing alleged corporate fraud.
Del. Bankruptcy Court Transfers Fraud and Fiduciary Duty Case to Mass.
Elizabeth Bennett
Delaware Law Weekly
2010-06-30
Deciding what it called a "procedural conundrum," the U.S. Bankruptcy Court for the District of Delaware granted a motion to transfer and denied a cross motion for mandatory abstention in a case connected to $1.8 million in allegedly fraudulent transfers.
Diversity Program for Minority Undergrads Hosted by Widener
Delaware Law Weekly
2010-06-30
Widener University School of Law held a two-week "immersion experience" program designed to introduce 25 minority undergraduate students to the idea of law school and a legal career. The event, called the Jurist Academy, took place May 31 through June 11 on the Delaware campus.
Motion of Acquittal Should Have Been Granted, High Court Rules
Delaware Law Weekly
2010-06-30
A divided Delaware Supreme Court reversed the Superior Court on June 8 and remanded Washington v. State, stating that defendant Martel D. Washington's motion for acquittal should have been granted because of contradictory evidence offered at his trial for first degree robbery and second degree conspiracy.
Superior Court Upholds Death Sentence in Ax Murder Case
Delaware Law Weekly
2010-06-30
According to a report from the Associated Press, the Superior Court has ruled that a defendant's due process rights were not violated when a trial judge sentenced him to death after being told by the man's defense attorney that his client was guilty.
Delaware Counsel Group in New Space
Delaware Law Weekly
2010-06-30
The Delaware Counsel Group announced this month that it has moved to 100 S. Rockland Falls Rd. in Wilmington. The building, a former paper mill dating from the 18th century that has been renovated, is a short drive from downtown.
Court rejects ATP appeal by German Tennis group
Randall Chase
The Associated Press
2010-06-28
A federal appeals court on Friday rejected a challenge from the German Tennis Federation to a court decision that cleared the way for the ATP Tour's tournament restructuring.
Jury Awards Dow More Than $60 Mil. in Patent Infringement Suit
Gina Passarella
The Legal Intelligencer
2010-06-23
After the $61.77 million jury verdict handed up June 15 in favor of Dow Chemical Co. for its claims that Nova Chemicals infringed two of its patents, Nova still held on to hope that the judge would grant its motion to dismiss the suit for lack of standing.
Proposed Bills Aim at Improving System to Prevent Child Abuse
Elizabeth Bennett
Delaware Law Weekly
2010-06-23
Seven bills were introduced in the General Assembly on June 10 with the goal of improving the set of tools that the state has to detect and punish pedophiles.
Criticized Bankruptcy Precedent Abandoned by 3rd Circuit
Elizabeth Bennett
Delaware Law Weekly
2010-06-23
The 3rd U.S. Circuit Court of Appeals held recently that exposure to asbestos that occurs before a bankruptcy petition, but does not manifest as injury until after the petition, is still a claim that can be discharged by a reorganization plan.
Palm Resolves Shareholder Suit Over Sale to Hewlett-Packard
Delaware Law Weekly
2010-06-23
Palm Inc. has settled a putative class action suit filed in the Court of Chancery by a shareholder contending that the $5.70 per share price the Hewlett-Packard Co. agreed to pay for Palm was unfair. Palm is a Delaware corporation.
Chancery Court Awards Damages for Unfair Debt Conversion
Elizabeth Bennett
Delaware Law Weekly
2010-06-16
Even casualties of investment bubbles like the dot-com implosion from a decade ago need to make sure the processes they use in determining stockholder value are proper and fair, the Court of Chancery emphasized in a recent opinion.
Grant & Eisenhofer Launching Antitrust Practice Group
Elizabeth Bennett
Delaware Law Weekly
2010-06-16
Wilmington-based corporate governance and securities litigation firm Grant & Eisenhofer has hired experienced antitrust litigator Robert G. Eisler to head its new antitrust practice group.
Companies May Benefit From Exclusive Venue Provisions
William Savitt
The National Law Journal
2010-06-16
The explosion in stockholder litigation challenging merger transactions in recent years has given rise to a knotty problem for transaction planners: stockholder actions seeking to enjoin signed deals under the law of the target company's state of incorporation -- often Delaware -- that are brought in the courts of another state (typically that of the target's headquarters) or, even more often, in both states simultaneously.
Morris James Lands Corporate Litigator From Bayard Firm
Delaware Law Weekly
2010-06-16
Peter B. Ladig joined Wilmington-based firm Morris James as a partner in the corporate and fiduciary litigation group as of June 1.
State Attorney General Hires 15 Clerks for Summer Stints
Delaware Law Weekly
2010-06-16
The Delaware Attorney General's Office announced last week that it has hired 15 summer law clerks through a competitive selection process. The clerks are law school students who volunteer their time to gain legal experience and insight into the rewards and demands of public service. They work in all three county offices in the Justice Department's civil, criminal, family, fraud and consumer protection divisions.
Wall St. Bill Reaches Areas Normally Left to States, Experts Say
Elizabeth Bennett
Delaware Law Weekly
2010-06-09
On May 20, the U.S. Senate passed the Restoring American Financial Stability Act of 2010, and sections of the bill covering corporate governance issues have touched off speculation about what these provisions could mean for Delaware.
3rd Circuit Restricts Rejection of Licensing Contract by Debtor
Elizabeth Bennett
Delaware Law Weekly
2010-06-09
The 3rd U.S. Circuit Court of Appeals has held that Exide Technologies, which is in Chapter 11 bankruptcy, cannot reject a contract it entered with EnerSys Delaware Inc. that includes a license to use the Exide trademark.
Securities Fraud Suit Dismissed for Lack of Scienter
Francis G.X. Pileggi
Delaware Law Weekly
2010-06-09
On May 18, Chief Judge Harvey Bartle III dismissed for the second time -- this time with prejudice -- the putative class action lawsuit City of Roseville Employees' Retirement System v. Horizon Lines Inc. brought in U.S. District Court for the District of Delaware. Bartle is sitting in the district by designation.
Landry's Agrees to Settle Shareholder Derivative Suit
Delaware Law Weekly
2010-06-09
A preliminary partial settlement has been reached in the Court of Chancery case Louisiana Municipal Police Employees' Retirement System v. Fertitta.
High Court Affirms Dismissal of Activision Class Action
Delaware Law Weekly
2010-06-09
The Supreme Court issued an order on May 28 affirming the Court of Chancery's July 2009 decision in Wayne County Employees' Retirement System v. Corti to dismiss the purported class action brought by a former shareholder of Activision Inc. The suit had challenged the actions of the board in negotiating and approving a transaction though which Vivendi S.A. obtained a majority of the voting stock of Activision.
'Double Derivative' Suit Filed by Shareholders Over BP Oil Spill
Elizabeth Bennett
Delaware Law Weekly
2010-06-02
The environmental disaster in the Gulf of Mexico caused by the explosion of the BP oil rig Deepwater Horizon has already led to hundreds of lawsuits, and now one has been filed in the Court of Chancery.
Morgan Lewis Opens Delaware Office Led by Connolly
Gina Passarella
Delaware Law Weekly
2010-06-02
Morgan Lewis & Bockius officially opened a Wilmington, Del. office Tuesday, with a former U.S. attorney at its helm.
Chancellor Says Preferred Stockholders May File Derivative Claims
Elizabeth Bennett
Delaware Law Weekly
2010-06-02
In a case involving a jumble of derivative and direct claims, the Chancery Court took an opportunity to state clearly that preferred stockholders have standing to bring derivative claims unless the certificate of incorporation or another relevant document states that they do not.
Old Exhibits Are Slated for Destruction, NCCo Court Says
Delaware Law Weekly
2010-06-02
Richard R. Cooch, resident judge for New Castle County Superior Court, issued an order recently regarding exhibits in civil cases, which remain in the possession of the prothonotary for three years from a matter's conclusion.
Bayard Attorney Elected Vice President of Committee of 100
Delaware Law Weekly
2010-06-02
Bayard announced last month that Michael J. Scali, a director at the Wilmington-based firm, has been elected first vice president of the Committee of 100.
Saul Ewing Paralegal Honored Again by Widener Law Center
Delaware Law Weekly
2010-06-02
Anthony J. Iannini, a litigation paralegal in the Wilmington office of Saul Ewing, received the Outstanding Faculty of the Year Award from the Legal Education Institute at Widener University Law Center during the center's graduation ceremony on May 17. Iannini also received the award last year.
Wilmington Firm Joins National Property Tax Attorneys Group
Delaware Law Weekly
2010-06-02
Wilmington firm Potter Anderson & Corroon announced last week that it has joined the National Association of Property Tax Attorneys. The association is a nonprofit organization of ad valorem tax and property tax attorneys throughout the United States who are committed to providing the best possible property tax representation for their clients. Through membership in NAPTA, lawyers can provide clients a combined and coordinated approach to property tax issues they may be facing with real estate holdings nationwide.
Potter Anderson Lawyer Joins Board of Girls Inc. of Delaware
Delaware Law Weekly
2010-06-02
Barbara Uberti Manerchia of Wilmington firm Potter Anderson & Corroon has joined the board of Girls Inc. of Delaware. In addition to being on the board, Manerchia is also serving on the development committee.
Court Applies Rare Exception to 'American Rule' on Fees
Elizabeth Bennett
Delaware Law Weekly
2010-05-26
Departing from the customary "American rule," the Superior Court has awarded $850,000 in attorney fees arising from what the court characterized as discovery violations and the mounting of a bad faith defense.
Reports Detail Failures in Response to Molestation Allegations
Elizabeth Bennett
Delaware Law Weekly
2010-05-26
Two reports issued a week apart tell a frustrating story of how multiple warning signs regarding accused molester Dr. Earl Bradley were never acted upon because of confusion over responsibilities, plain error and a failure to comply with reporting requirements.
Tulane Panel Focuses on Directors' Duties Under Delaware Law
Angela L. Priest
Delaware Law Weekly
2010-05-26
A panel discussion during Tulane University Law School's Annual Corporate Law Institute in April considered two recent Delaware cases. The panel -- titled "M&A of Financially Distressed Companies" -- discussed the fiduciary duties of directors at such companies through the 2009 Chancery Court case In re Trados Inc. Shareholder Litigation and the 2010 Chancery Court case LC Capital Master Fund v. James.
Biden Discharged From Hospital
Delaware Law Weekly
2010-05-26
Delaware Attorney General Beau Biden returned home May 18 from the Jefferson Hospital for Neuroscience in Philadelphia, according a statement released by the state Department of Justice.
Criminal Justice Council Issues Racial, Ethnic Fairness Policy
Delaware Law Weekly
2010-05-26
The Delaware Criminal Justice Council has formally adopted a Declaration of Leading Practices to Protect Civil Rights and Promote Racial and Ethnic Fairness in the Criminal Justice System.
Morris Nichols Advising CPI Special Committee
Delaware Law Weekly
2010-05-26
Wilmington firm Morris Nichols Arsht & Tunnell is advising a special committee of the board of directors of CPI International in connection with its $472.3 million cash and stock deal to be acquired by Comtech Telecommunications.
Nexium Class Action Tossed, but Plaintiffs May Renew Case
Elizabeth Bennett
Delaware Law Weekly
2010-05-19
A putative class action alleging that AstraZeneca Pharmaceuticals LP deceptively marketed its blockbuster drug Nexium was dismissed without prejudice by the U.S. District Court for the District of Delaware on May 6.
Supreme Court Seeks Input on Court Reporting Ethics Directive
Elizabeth Bennett
Delaware Law Weekly
2010-05-19
The Delaware Supreme Court has scheduled public hearings and is seeking comments on a proposed administrative directive and draft bar rule setting out the professional and ethical duties of certified court reporters, including as they relate to contracts that could cast doubt on court reporters' impartiality.
Commentary
What to Know When Filing Trust or Guardianship Petitions
William M. Kelleher And Christopher M. Coggins
Delaware Law Weekly
2010-05-19
Most lawyers have not often -- if at all -- had to file petitions to name a guardian, petitions to change or appoint a trustee, or similar petitions pertaining to trusts or guardians. That is probably true even for those who practice primarily in the Court of Chancery, where these petitions are filed.
AG Biden Suffers Mild Stroke
Delaware Law Weekly
2010-05-19
Delaware Attorney General Beau Biden remained in Thomas Jefferson University Hospital in Philadelphia as of Friday morning, after he suffered a mild stroke on May 11.
Stark Approved by Senate Judiciary Committee
Delaware Law Weekly
2010-05-19
The U.S. Senate Judiciary Committee has approved the nomination of U.S. Magistrate Judge Leonard P. Stark to fill a seat on the U.S. District Court for the District of Delaware. U.S. Sens. Tom Carper and Ted Kaufman, both Democrats of Delaware, announced the approval May 13. Stark's nomination will now be considered by the full Senate.
Chancery Court Defers to Jurisdiction of British Courts
Delaware Law Weekly
2010-05-19
The Court of Chancery declined to exercise jurisdiction over a dispute involving $1.5 million in investments in a British company that eventually transformed itself into a Delaware corporation.
Rodney Inn Honors Founders, Celebrates 25th Anniversary
Delaware Law Weekly
2010-05-19
The Richard S. Rodney American Inn of Court marked its 25th anniversary on May 12 with a celebration at the Wilmington Country Club. Formed in 1985, and composed largely of upstate civil litigators, the inn of court is named for a former judge of both the Delaware Supreme Court and the U.S. District Court for the District of Delaware.
AG: Failures to report accused Del. pediatrician
RANDALL CHASE
The Associated Press
2010-05-18
Delaware's medical licensing board failed to conduct its own investigation of a suspected pedophile pediatrician 16 years ago after learning that Pennsylvania authorities were told he fondled a young patient, according to a report released Monday by the state attorney general's office.
Law Dean Issues Report in Bradley Case
BRIAN WITTE
The Associated Press
2010-05-12
State agencies and panels consistently missed red flags in the case of a pediatrician charged with sexually abusing more than 100 children over a decade, a Delaware law school dean reported Tuesday.
Bylaw Amendment Can't Shrink Corporate Board, Justices Rule
Elizabeth Bennett
Delaware Law Weekly
2010-05-12
The Delaware Supreme Court considered two issues of first impression last month when it heard a consolidated appeal in cases arising from competing consent solicitations that would determine control of the board of EMAK Worldwide Inc.
Bankruptcy Judge Disallows $6 Mil. Payment to Outgoing Exec.
Elizabeth Bennett
Delaware Law Weekly
2010-05-12
A severance payment of more than $6 million made to Richard Thalheimer, the founder and former CEO of Sharper Image Corp., was deemed a constructive fraudulent transfer by a Delaware bankruptcy judge late last month.
Business Boutique Carves Out a Cozy Niche in the First State
Elizabeth Bennett
Delaware Law Weekly
2010-05-12
While Benjamin "Buddy" Berger and Jack Harris were working in the Wilmington office of Riley Riper Hollin & Colagreco, they noticed a curious thing about the origin of their business.
U.S. Supreme Court Turns Down Del. Sports Betting Case
Delaware Law Weekly
2010-05-12
The U.S. Supreme Court denied Delaware's petition for certiorari in a case regarding the state's sports lottery and whether single-game betting is permissible under federal law. The petition, captioned Markell v. Office of Commissioner of Baseball, was denied without explanation on May 3.
Saul Ewing Partner to Lead Habitat for Humanity Chapter
Delaware Law Weekly
2010-05-12
Pamela J. Scott, a partner in the Wilmington office of Saul Ewing, has been named president of the Habitat for Humanity of New Castle County, the firm announced last week.
Widener Law Prof Honored for Work With HIV/AIDS Group
Delaware Law Weekly
2010-05-12
Nicholas A. Mirkay III, an associate professor at Widener Law, was recently honored with the Red Ribbon Humanitarian Award, given by the Delaware HIV Consortium. The award was presented at the consortium's sixth-annual awards celebration held April 17 in New Castle.
Superior Court Adds Complex Business Litigation Section
Zack Needles
Delaware Law Weekly
2010-05-05
The state Superior Court will open a new complex business litigation division on May 1 as a way to move larger cases through the court system more efficiently.
Circuit Agrees to Mull Bankruptcy Discharge's Impact on Injury Claims
Shannon P. Duffy
Delaware Law Weekly
2010-05-05
The 3rd U.S. Circuit Court of Appeals could be poised to overturn one its own precedents on a fundamental issue of corporate bankruptcy law involving how courts ought to decide whether the discharge of all claims in a reorganization plan should act as a bar to future personal injury claims.
Big Company Diversity Initiative Already Being Felt in Delaware
Elizabeth Bennett
Delaware Law Weekly
2010-05-05
While some may question whether diversity programs have a substantial effect, an initiative announced in March by a number of the legal departments of large companies, including DuPont, comes with a concrete goal: The companies have pledged to spend $30 million in aggregate this year with minority- and women-owned law firms.
Ridgely to Address Graduates at Widener Law Commencement
Delaware Law Weekly
2010-05-05
Members of the 36th graduating class of Widener Law are scheduled to receive their diplomas in a 3 p.m. ceremony on the Wilmington campus green May 15, the law school has announced.
Widener Women's Law Caucus Honors Professor-Clinician
Delaware Law Weekly
2010-05-05
The Women's Law Caucus at Widener Law's Delaware campus has given its second-annual Women's Advocate Award to Associate Professor Dana Harrington Conner.
Drinker Adds New Del. Partner
Delaware Law Weekly
2010-05-05
Drinker Biddle & Reath has announced the promotion of Howard A. Cohen, who works in the firm's Wilmington office, to partner. He is one of seven lawyers who were promoted to partner firmwide.
Economic Council Forecasts Increases in Revenue for State
Delaware Law Weekly
2010-05-05
The economic outlook is improving in the First State, according to the latest forecast form the Delaware Economic and Financial Advisory Council, released late last month.
Del. Judge Dismisses Priest Abuse Suits
Randall Chase
The Associated Press
2010-04-29
A Delaware judge has dismissed two priest sexual abuse lawsuits, saying he does not have jurisdiction over Catholic dioceses in Pennsylvania and Maryland.
Justices Find Negligence Per Se Pleaded in Injury Case
Elizabeth Bennett
Delaware Law Weekly
2010-04-28
Applying Indonesian law, the Delaware Supreme Court recently stated that the plaintiffs in a personal injury case had presented testimony sufficient to infer negligence per se.
Court Strikes Del. Treatment of Out-of-State Apprentices
Elizabeth Bennett
Delaware Law Weekly
2010-04-28
Delaware's treatment of apprentices working for a Pennsylvania contractor violated the dormant commerce clause of the U.S. Constitution, according to an April 14 opinion from Judge Sue L. Robinson of the U.S. District Court for the District of Delaware.
Court Awards Plaintiffs Fees Based on Defendants' Prelitigation Conduct
Sheri Qualters
The National Law Journal
2010-04-28
A Delaware Court of Chancery judge issued a rare ruling this month ordering defendants in a nearly seven-year legal saga to pay their opponents' attorney fees and costs based on the defendants' prelitigation conduct.
N.J. Federal Judge Refuses to Move Dredging Suit to Del.
Delaware Law Weekly
2010-04-28
Judge Joel A. Pisano of the U.S. District Court for the District of New Jersey denied motions by the Army Corps of Engineers and other defendants to transfer to Delaware a case that seeks to enjoin the dredging of the Delaware River.
Carey Appoints Examiner in Tribune Bankruptcy
Delaware Law Weekly
2010-04-28
Judge Kevin J. Carey of the U.S. Bankruptcy Court for the District of Delaware has approved the appointment of an examiner in the Tribune Co. Chapter 11 bankruptcy on the motion of the Wilmington Trust Co., according to an order dated April 20.
Richards Layton Director Named to Bar Foundation
Delaware Law Weekly
2010-04-28
Robert J. Krapf, a director of Wilmington firm Richards Layton & Finger, has been elected a fellow of the American Bar Foundation, the nation's leading research institute for the empirical study of law.
Widener Law Hands Out Awards To Distinguished Alumni
Delaware Law Weekly
2010-04-28
Widener Law handed out its 2010 alumni awards during the school's 35th anniversary gala at the Pennsylvania Academy of the Fine Arts in Philadelphia on April 17. The school has honored and awarded its distinguished alumni since 1976.
Chancery Court Dismisses Stock Transfer Case Over Jurisdiction
Elizabeth Bennett
Delaware Law Weekly
2010-04-21
The Court of Chancery recently dismissed a suit seeking rescission of transfers of stock in a Delaware corporation because it did not have personal jurisdiction over the defendants.
No Cure for Bad Deals in Covenant of Good Faith, High Court Says
Elizabeth Bennett
Delaware Law Weekly
2010-04-21
The implied covenant of good faith and fair dealing does not apply when a party has exercised a right found expressly in a contract, even if the situation seems unfair, according to a recent opinion from the Delaware Supreme Court.
Corporate Citizenship: U.S. Supreme Court Designates a Single Test
Robert E. Bartkus
New Jersey Law Journal
2010-04-21
Consider the plight of the general counsel of Hertz Corp., a company with operations in 44 states. As a Delaware corporation with its headquarters in New Jersey, it had considered itself a citizen of Delaware and New Jersey for purposes of determining federal diversity subject-matter jurisdiction under 28 U.S.C. Section 1332 and well-established precedent in the 3rd U.S. Circuit Court of Appeals.
Ex-Judge Bradley Is Disbarred
Delaware Law Weekly
2010-04-21
The Delaware Supreme Court entered an order on April 8 that disbarred William C. Bradley Jr., a former Court of Common Pleas judge, pursuant to the Delaware Lawyers' Rule of Disciplinary Procedure pertaining to disbarment by consent.
Levitsky New Managing Partner In Local Office of Fox Rothschild
Delaware Law Weekly
2010-04-21
Neal J. Levitsky of Fox Rothschild was appointed to serve as managing partner of the firm's Wilmington office effective April 1. Levitsky is charged with overseeing and managing the day-to-day office operations in addition to serving on the firm's executive committee, which sets overall policy. He succeeded Gregory Williams.
Potter Anderson Unveils New Award for Pro Bono Service
Delaware Law Weekly
2010-04-21
Potter Anderson & Corroon last week announced the creation of the David B. Brown Pro Bono Award in recognition of Brown's commitment and leadership in providing pro bono and community service. The award will be given annually to a firm member who demonstrates a commitment to providing equal justice for the less fortunate.
Morris Nichols Partner Elected To Trust and Estate Law Group
Delaware Law Weekly
2010-04-21
Todd Flubacher, a partner in the trusts, estates and tax group of Morris Nichols Arsht & Tunnell, has been elected a fellow of the American College of Trust and Estate Counsel, an elite professional organization of approximately 2,600 trust and estate attorneys.
Judge Denies Alternative Plan in Tribune Bankruptcy Case
Delaware Law Weekly
2010-04-21
A group of creditors of the Tribune Co., which is in Chapter 11 bankruptcy, may not file an alternative to the company's reorganization plan, according to a report from the Associated Press.
Justices Restore Standard for Accomplice Testimony Instruction
Elizabeth Bennett
Delaware Law Weekly
2010-04-14
The Delaware Supreme Court granted a new trial in a felony murder case on March 30, holding that the jury instruction given at trial regarding the credibility of testimony from an alleged accomplice was inadequate.
U.S. Supreme Court Greenlights Class Action, Upholds Federal Rule
Elizabeth Bennett
Delaware Law Weekly
2010-04-14
Hockessin lawyer John S. Spadaro took his client's case to the U.S. Supreme Court and won. In the process, he gave the high court another chance to analyze an issue that has come before it many times: whether a federal rule of civil procedure should be used in a case governed by state law but brought in federal court.
Consent Order Avoids Injunction in Title IX Case Against DSU
Elizabeth Bennett
Delaware Law Weekly
2010-04-14
One day before a preliminary injunction hearing was scheduled in federal court in a Title IX suit against Delaware State University, the parties agreed to a consent order that makes the injunction unnecessary.
Carper Seeking Applicants for Federal District Judgeship
Delaware Law Weekly
2010-04-14
In anticipation of the retirement of Judge Joseph J. Farnan Jr. on July 31, Sen. Tom Carper, D-Del., announced last week that his office will begin accepting applications for the position of U.S. federal judge for the District of Delaware.
Holland Co-Author of Textbook On State Constitutional Law
Delaware Law Weekly
2010-04-14
Justice Randy J. Holland of the Delaware Supreme Court has co-authored a new law school textbook titled "State Constitutional Law, The Modern Experience." The book is part of West Publishing's American Casebook Series.
IP Lawyer Named Litigation Principal in Fish & Richardson
Delaware Law Weekly
2010-04-14
Fish & Richardson announced that Douglas E. McCann was named a litigation group principal in the firm's Wilmington office earlier this year. Thirteen attorneys were elevated to principal across the firm's 11 offices.
Connolly Bove to Play Host to Discussion on Trademarks
Delaware Law Weekly
2010-04-14
Connolly Bove Lodge & Hutz is preparing to play host to a roundtable discussion for members of the International Trademark Association on April 16 at the firm's Wilmington office at 1007 North Orange St. In addition, Connolly Bove partner Jennifer Fraser will discuss "Top Tips for a Successful Trademark Practice."
NCCo Jury Awards $6.25 Million in Medical Malpractice Case
Elizabeth Bennett
Delaware Law Weekly
2010-04-07
The mother of a child who suffered brain damage was awarded $6.25 million late last month after a New Castle County Superior Court jury found her doctor had negligently failed to detect and treat high levels of a toxin in the baby's blood.
Chancery Court Rejects Motion to Dismiss by Special Litigation Committee
Elizabeth Bennett
Delaware Law Weekly
2010-04-07
The Court of Chancery denied a motion to dismiss filed by a special litigation committee of a board whose remaining members were accused of manipulating a valuation of the company's stock to obtain a better deal for themselves.
Supreme Court Clarifies Questions of Timing for Developers
Elizabeth Bennett
Delaware Law Weekly
2010-04-07
The Supreme Court's recent interpretation of a Kent County land-use statute gives developers certainty regarding the regulatory scheme that governs their projects.
Wilmington-Based Firm Adds Litigator As New Name Partner
Delaware Law Weekly
2010-04-07
Richard R. Wier Jr. announced last week that his eponymous Wilmington-based firm will now be called Wier & Allen.
DuPont's Sager Named One of Most Influential U.S. Lawyers
Delaware Law Weekly
2010-04-07
Last week, The National Law Journal named Thomas L. Sager, DuPont senior vice president and general counsel, among the most influential lawyers of the past decade.
DSBA Schedules Seminar on Delaware Corporation Law
Delaware Law Weekly
2010-04-07
The corporation law section of the Delaware State Bar Association is sponsoring a seminar scheduled April 29 titled "Recent Developments in Delaware Corporate and Alternative Entity Law."
Local Legal Administrators' Chapter Announces New Board
Delaware Law Weekly
2010-04-07
The Association of Legal Administrators, First State Chapter, announced the members of its 2010-11 board last week. The new president is Joann M. Winterle, director of human resources at Connolly Bove Lodge & Hutz and the new president-elect is Andrew J. Logan, office administrator at Pepper Hamilton.
Chancery Court Removes Lead Counsel in Shareholder Action
Elizabeth Bennett
Delaware Law Weekly
2010-03-31
A March 16 ruling from Vice Chancellor J. Travis Laster of the Court of Chancery removed two firms acting as co-lead counsel in a consolidated shareholder case involving cosmetics giant Revlon Inc., and Laster was not coy about his reasons.
No Skin Off Their Backs: Sunscreen Giants Duel Over Advertising
Elizabeth Bennett and Shannon P. Duffy
Delaware Law Weekly
2010-03-31
The makers of Coppertone brand and Neutrogena sunscreens fought to a tie this month in a court battle where each side accused the other of making false advertising claims.
Del. Waiting on U.S. Senate to Make Bankruptcy Judgeships Permanent
Elizabeth Bennett
Delaware Law Weekly
2010-03-31
Delaware will have to wait a little longer for five of its bankruptcy judgeships to be converted to permanent status now that the U.S. Senate has gone into its spring recess.
Markell Asks Deputy to Serve As NCCo Register of Wills
Delaware Law Weekly
2010-03-31
On March 23, Gov. Jack Markell asked Nina Bawa to serve out the rest of Diane Clarke Streett's term as New Castle County register of wills. Bawa has been the chief deputy in the office since 2005.
Berger Harris Adds Partner
Delaware Law Weekly
2010-03-31
Brian M. Gottesman has joined Wilmington firm Berger Harris as a partner.
AstraZeneca Wins Seroquel Suit
Delaware Law Weekly
2010-03-31
A New Jersey jury ruled in favor of drug maker AstraZeneca Plc on March 18, voting 7-1 that the drug Seroquel did not cause diabetes in the plaintiff, according to a report from the Associated Press.
Del. Top-Ranked for Litigation Environment by Business Group
Delaware Law Weekly
2010-03-31
An annual survey by the U.S. Chamber Institute for Legal Reform has ranked Delaware's litigation environment No. 1 in the country for fairness.
Culley to Present on Elder Law
Delaware Law Weekly
2010-03-31
Mary Culley, a partner in the taxes, estates and business practice group of Wilmington-based Morris James, is scheduled to present "Issues in Elder Law" for the Chester County Estate Planning Council on April 22 at Hershey's Mill Golf Resort in West Chester, Pa.
Wrongful Death Case Brought in Wake of IED Blast Founders
Elizabeth Bennett
Delaware Law Weekly
2010-03-24
The wrongful death claims of the families of two men killed by an improvised explosive device in Afghanistan were dismissed by the New Castle Superior Court late last month.
White House Nominates Stark to Be Federal District Judge
Elizabeth Bennett
Delaware Law Weekly
2010-03-24
After more than three years of languishing with a vacant judgeship, the U.S. District Court for the District of Delaware finally has its nominee.
Ballard Spahr Benefits From Its Tradition of Diversity
Elizabeth Bennett
Delaware Law Weekly
2010-03-24
Only a handful of partners at major firms in Delaware are women of color, and two of them -- Tobey M. Daluz and Emilie R. Ninan -- are at Ballard Spahr. Daluz is the managing partner of the Philadelphia firm's Delaware office, and all of the partners in this office are women.
Washington Mutual Announces Global Settlement Agreement
Delaware Law Weekly
2010-03-24
Washington Mutual Inc., a bank holding company, announced March 12 that it has reached a global settlement agreement with JP Morgan Chase -- who bought the insolvent bank in 2008 -- and the Federal Deposit Insurance Corp. The significant terms of the settlement have been read into the record of the U.S. Bankruptcy Court for the District of Delaware, which is presiding over WaMu's Chapter 11 bankruptcy.
Apple's Counterclaims Should Be Dismissed, Nokia Tells Court
Delaware Law Weekly
2010-03-24
Mobile phone maker Nokia has filed to dismiss several of Apple Inc.'s counterclaims in a patent infringement battle between the two companies.
Law Examiners Announces New Rule On Application Deadlines
Delaware Law Weekly
2010-03-24
Last week the Board of Bar Examiners of the Delaware Supreme Court issued a notice that Rule No. 5 of the Rules of the Board of Bar Examiners that governs the application process has been substantially amended. The amended rule provides for two filing deadlines: April 1 and May 15.
Richards Layton Lawyer Elected To American Bar Foundation
Delaware Law Weekly
2010-03-24
Anne Shea Gaza, counsel with Wilmington firm Richards Layton & Finger, has been elected a fellow of the American Bar Foundation, the firm announced this month.
Bayard Hires Estates Associate
Delaware Law Weekly
2010-03-24
Trisha W. Hall has joined the Wilmington-based Bayard as an associate, the firm announced March 11.
Chancery Court Views Low-Threshold 'Poison Pill' as Reasonable
Elizabeth Bennett
Delaware Law Weekly
2010-03-17
The Court of Chancery issued a much-anticipated decision in a novel poison pill case on Feb. 26, finding that the adoption of the pill by the board of Selectica Inc., and the low threshold of stock ownership that triggered it, were a reasonable exercise of business judgment.
Del. State Facing Two Title IX Suits Over Equestrian Team Cut
Shannon P. Duffy
Delaware Law Weekly
2010-03-17
When Delaware State University announced that it was eliminating its women's equestrian team, the school was hit with a pair of class action lawsuits in federal court seeking an injunction that would preserve the team for at least one more year and force the school to achieve a better measure of gender equity in its sports programs.
Tougher Stance on Labor Law Enforcement May Challenge Employers
Kathleen Furey McDonough and Michael B. Rush
Delaware Law Weekly
2010-03-17
The Obama administration has begun its second year in office with a renewed emphasis on the enforcement of many employment-related statutes.
Tikellis Named to Lead State Board of Bar Examiners
Delaware Law Weekly
2010-03-17
The Delaware Supreme Court has appointed Pamela S. Tikellis, name partner of Chimicles & Tikellis, to serve as chairwoman of the Board of Bar Examiners. Tikellis is the first woman to lead the board. An arm of the Supreme Court, the board administers the rules and procedures for admission to the Delaware bar.
Benesch Partner in Charge Departs for Pachulski Stang
Elizabeth Bennett
Delaware Law Weekly
2010-03-17
Bradford J. Sandler last week announced he was joining the Wilmington office of Pachulski Stang Ziehl & Jones. He was scheduled to begin work at Pachulski Stang on March 15.
Christiana Care Settles Whistleblower Suit for $3 Million
Elizabeth Bennett
Delaware Law Weekly
2010-03-10
In what the U.S. Attorney's Office for the District of Delaware said was the largest-ever settlement in Delaware of a whistleblower suit, Christiana Care Health System agreed to pay the federal and state governments a combined $3.3 million to end litigation alleging it had violated laws designed to combat fraud and misuse of federal and state health care funds.
REHABILITATING THE COURTS
Mental Health Task Force Adopts Plan, Expands Pilot Program
Elizabeth Bennett
Delaware Law Weekly
2010-03-10
A little more than one year after it was convened, the task force in Delaware that is addressing mental health issues and their intersection with the criminal justice system has issued its strategic plan and has taken a pilot mental health court program in New Castle County statewide.
Cravath May Represent Air Products in Airgas Takeover Bid
Gina Passarella
Delaware Law Weekly
2010-03-10
Cravath Swaine & Moore can continue its representation of Air Products & Chemicals in the company's bid to acquire competitor Airgas, despite Airgas' claims of conflict, Delaware Chancery Court Chancellor William B. Chandler III ruled Friday afternoon.
Wilmington Lawyer Nominated To Seat on Common Pleas Court
Delaware Law Weekly
2010-03-10
Gov. Jack Markell announced last week that he will nominate Eric M. Davis to serve as a judge of the court of common pleas. Davis, a partner with the Wilmington office of Skadden Arps Slate Meagher & Flom, represents corporations in commercial disputes in federal and state courts in Delaware and throughout the country. His focus has been on corporate governance issues and other disputes arising from bankruptcy and corporate reorganizations.
Apple Sues Mobile Phone Maker Over Patent
Delaware Law Weekly
2010-03-10
Apple Inc. has sued Taiwan-based mobile phone maker High Tech Computer Corp. for patent infringement in the U.S. District Court for the District of Delaware, as well before the U.S. International Trade Commission.
Superior Court States New Policy on Paper Files
Delaware Law Weekly
2010-03-10
President Judge James T. Vaughn Jr. of the Superior Court has issued an administrative directive stating that the prothonotary in each county will "no longer maintain a paper file for any pending or hereafter commenced action or matter filed using the LexisNexis File & Serve eFile system."
Widener Law School Hires Multicultural Affairs Officer
Delaware Law Weekly
2010-03-10
Widener University School of Law announced last week that Anthony D. Pledger has joined the staff of the Delaware campus as the school's new multicultural affairs officer. Pledger comes from the University of Wyoming College of Law, where he served as the deputy director of admissions and student services since August 2008.
Chancellor: Bylaw Amendment Can't Reduce No. of Directors
Elizabeth Bennett
Delaware Law Weekly
2010-03-03
Vice Chancellor J. Travis Laster grappled with two issues of first impression in a recent opinion resolving disputes arising from competing consent solicitations.
Judge Rules School Board's Prayers Pass Constitutional Muster
Elizabeth Bennett
Delaware Law Weekly
2010-03-03
A federal judge ruled last week that the board of a Sussex County school district did not violate the U.S. Constitution with its written policy of opening school board meetings with prayers.
Robreno Defers to Del. Chancery in Cravath-Airgas Row
Gina Passarella
Delaware Law Weekly
2010-03-03
A federal judge in Philadelphia agreed to stay proceedings in a fight between Radnor, Pa.-based Airgas and its former law firm, Cravath Swaine & Moore, until Delaware's Chancery Court decides whether the law firm should be enjoined from representing Airgas competitor Air Products & Chemicals in its bid to take over Airgas.
3rd Circuit Refuses to Overturn Del. River Dredging Ruling
Delaware Law Weekly
2010-03-03
The 3rd U.S. Circuit Court of Appeals has declined to overturn Judge Sue L. Robinson's late January ruling that opened the doors for the first phase of a project that would deepen the Delaware River shipping channel.
Biden Announces Indictment of Pediatrician on Rape Charges
Delaware Law Weekly
2010-03-03
Attorney General Beau Biden announced that on Feb. 22, the Sussex County grand jury indicted Lewes pediatrician Dr. Earl Bradley for the rape and sexual assault of more than 100 child victims between 1998 and 2009.
Veteran Prosecutor Tapped to Serve as Chief Deputy AG
Delaware Law Weekly
2010-03-03
Attorney General Beau Biden named Charles Butler as his chief deputy attorney general on Feb. 23.
McCarter & English Announces Initiative to Boost Diversity
Delaware Law Weekly
2010-03-03
The Wilmington office of McCarter & English launched a new partnership with Concord High School in Wilmington aiming to increase diversity in the state bar. The firm announced last week that it will work with 10 students to teach them about the practice of law and encourage them to pursue excellence in their studies through an annual mentorship program with McCarter attorneys.
Digests for March 3, 2010
Staff
Delaware Law Weekly
2010-03-02
Digests for March 3, 2010 will appear on March 3, 2010.
Federal Judge Rules School Board's Prayers Not Unconstitutional
Elizabeth Bennett
Delaware Law Weekly
2010-02-25
A federal judge ruled last week that the board of a Sussex County school district does not violate the U.S. Constitution with its policy of opening school board meetings with prayers.
No Experts Needed in Slip-and-Fall Cases, Superior Court Holds
Elizabeth Bennett
Delaware Law Weekly
2010-02-24
Deciding an issue of first impression, the Superior Court held recently that a plaintiff is not required to utilize an expert witness in a grocery store "slip and fall" negligence case.
Further Cuts Could Impair Courts' Vital Functions, Steele Warns
Elizabeth Bennett
Delaware Law Weekly
2010-02-24
In his address to the Joint Finance Committee of the General Assembly on Feb. 9, Chief Justice Myron T. Steele of the Delaware Supreme Court warned that continued cuts to the judiciary's budget could seriously erode the constitutionally mandated services provided by the courts.
New Arb Rules Promise to Satisfy Businesses' Need for Speed
Elizabeth Bennett
Delaware Law Weekly
2010-02-24
Companies in conflict have a means to resolve their disputes in a streamlined manner now that rules are in place governing arbitration in the Court of Chancery.
U.S. High Court Rejects State's Appeal in Bonistall Murder
Delaware Law Weekly
2010-02-24
The U.S. Supreme Court has rejected an appeal by Delaware prosecutors aiming to restore the conviction and death sentence of James Cooke in the 2005 rape and murder of University of Delaware student Lindsey Bonistall, according to a report from the Associated Press.
Del. Expertise Featured in Seminar on Dutch Business Law
Delaware Law Weekly
2010-02-24
Attorneys in the Netherlands recently reached out to include some Delaware expertise in their seminar on the possible introduction of a statutory one-tier board model in their country.
Superior Court Honors Lawyer's Work on Mental Health Court
Delaware Law Weekly
2010-02-24
On Feb. 3, Superior Court President Judge James T. Vaughn Jr. presented Joshua J. Novak of Richards Layton & Finger with an official commendation for his pro bono advocacy work in the mental health court. Superior Court Judge Jan R. Jurden, who oversees the mental health court, also attended the ceremony.
Grant & Eisenhofer Recognized For Legal Services Fundraising
Delaware Law Weekly
2010-02-24
Delaware-based Grant & Eisenhofer was recognized by the Combined Campaign for Justice on Feb. 16. The firm was presented with the Campaign's Leadership Award for its fundraising efforts and for providing the largest single contribution by any firm in Delaware.
Jurden Publishes Article on Judicial Independence
Delaware Law Weekly
2010-02-24
Judge Jan R. Jurden of the Superior Court co-authored the article, "The Assault on Judicial Independence and the Uniquely Delaware Response," for a recent tissue of the Penn State Law Review. Jurden, a 1988 graduate of Penn State's Dickinson School of Law, wrote the 33-page article with attorneys Devera B. Scott, Keith J. Feigenbaum and Kelley M. Huff.
Arb Awards May Be Viewed As Judgments, Vice Chancellor Says
Elizabeth Bennett
Delaware Law Weekly
2010-02-17
Vice Chancellor Donald F. Parsons Jr. held recently that parties to arbitration agreements must bring cross-claims for proportionate fault before the arbitration panel, or lose the chance per a Delaware statute governing joint tortfeasors.
Wall Street Securities Litigation Firm Opens Office in Delaware
Elizabeth Bennett
Delaware Law Weekly
2010-02-17
New York-based Labaton Sucharow officially opened its doors in Wilmington on Feb. 9, but the complex securities litigation firm is no stranger to Delaware.
Judge Revisits e-Discovery Obligations, Finds Innovative Solution
Kevin F. Brady, Connolly Bove Lodge & Hutz
Delaware Law Weekly
2010-02-17
Federal Judge Shira Scheindlin, author of the landmark series of e-discovery opinions in Zubulake v. UBS Warburg, has issued another missive on e-discovery that she opens with the famous yet ominous quote "[t]hose who cannot remember the past are condemned to repeat it."
Boston Scientific, Johnson & Johnson Settle Patent Dispute
Delaware Law Weekly
2010-02-17
Boston Scientific Corp. and Cordis Corp., a Johnson & Johnson company, have agreed to settle patent infringement actions that were pending in the U.S. District Court for the District of Delaware before Judge Sue L Robinson.
Widener Names Acting Director for Corporate Law Institute
Delaware Law Weekly
2010-02-17
Associate Professor Paul L. Regan will serve as acting director of the Widener University School of Law Institute of Delaware Corporate and Business Law, the school announced Feb. 3.
CSC Elects President/CEO
Delaware Law Weekly
2010-02-17
Last week the Corporation Service Co. announced it has elected Rodman Ward III as president and CEO effective April 5.
Investiture scheduled for Judge Streett
Elizabeth Bennett
Delaware Law Weekly
2010-02-17
The Superior Court has scheduled an investiture ceremony for the Judge Diane Clarke Streett on Monday, Feb. 15 at noon in Courtroom 8B of the New Castle County Courthouse in Wilmington. Streett was appointed to the Superior Court by Gov. Jack A. Markell and confirmed by the state Senate on Jan. 20. She fills the vacancy created by the retirement of Judge John A. Babiarz Jr.
Court Navigates Down the Middle in River Dredging Ruling
Elizabeth Bennett
Delaware Law Weekly
2010-02-10
In its late January decision on whether the project to deepen the Delaware River shipping channel can begin, the U.S. District Court for the District of Delaware held that the plaintiffs had not met the burden necessary to enjoin the first phase, but also encouraged further regulatory review.
Inmates Lose Class Action Challenge to Lethal Injection
Shannon P. Duffy
Delaware Law Weekly
2010-02-10
Death-row inmates in Delaware have lost their bid to revive a class action suit challenging the state's use of a three-drug cocktail when performing executions by lethal injection.
Ammons Prepares to Find Practices to Fight Child Exploitation
Elizabeth Bennett
Delaware Law Weekly
2010-02-10
When Linda L. Ammons, dean of the Widener University School of Law, was contacted by Gov. Jack Markell and asked to conduct a review of state efforts against child abuse and exploitation, she had just returned from an academic exchange trip to China, and was unaware of developments in the case of Dr. Earl Bradley, the Lewes pediatrician charged with sexually assaulting patients in his care.
Coons Announces U.S. Senate Bid
Delaware Law Weekly
2010-02-10
New Castle County Executive Chris Coons made it official last week, announcing that he would run for the U.S. Senate seat vacated by Joe Biden when he became vice president in January 2009.
Morris James Associate to Play New Role in DSBA
Delaware Law Weekly
2010-02-10
Shannon S. Frazier of Morris James will serve as secretary of the corporate counsel section of the Delaware State Bar Association for the 2010-2011 term, the firm said last month.
Connolly Bove Elects Management Committee
Delaware Law Weekly
2010-02-10
Connolly Bove Lodge & Hutz has re-elected the following partners to its management committee for 2010.
Prickett Jones Hires Associates
Delaware Law Weekly
2010-02-10
Two new associates joined Delaware firm Prickett Jones & Elliott recently.
AG Biden Forgoes Senate Race to Focus on Child Rape Case
Elizabeth Bennett
Delaware Law Weekly
2010-02-03
Attorney General Beau Biden announced last week that he would not run in 2010 for the U.S. Senate seat once held by his father, Vice President Joe Biden, for 36 years.
District Court Judge Farnan Set to Retire at the End of July
Elizabeth Bennett
Delaware Law Weekly
2010-02-03
Judge Joseph J. Farnan Jr. of the U.S. District Court for the District of Delaware announced last week he would retire at the end of July, after 25 years of service on the court.
Mixed Bag for the Judiciary in Markell's Budget Recommendation
Elizabeth Bennett
Delaware Law Weekly
2010-02-03
Gov. Jack Markell is recommending a fiscal year 2011 operating budget of $3.17 billion that closes a roughly $254 million gap with a combination of cuts and consolidations.
District Court Allows River Dredging to Proceed
Delaware Law Weekly
2010-02-03
Delaware and New Jersey did not succeed in their bid to halt the U.S. Army Corps of Engineers from beginning its project to deepen the Delaware River.
Widener Law Professor Heads To the SEC
Delaware Law Weekly
2010-02-03
Widener University School of Law professor Lawrence A. Hamermesh will be on a leave of absence through June 30, 2011, to serve as attorney fellow with the Office of Chief Counsel of the Division of Corporation Finance at the Securities and Exchange Commission in Washington, D.C. Hamermesh has been the Ruby R. Vale professor of corporate and business law and the director of the Widener Institute of Delaware Corporate and Business Law.
State Awaits U.S. Supreme Ct. Cert Decision in Cooke
Delaware Law Weekly
2010-02-03
The U.S. Supreme Court has not yet decided whether to grant certiorari in the capital murder case of James Cooke, although it had been scheduled for conference Jan. 22.
Stabler Joins Saul Ewing's Executive Committee
Delaware Law Weekly
2010-02-03
Wendie C. Stabler, a co-managing partner of Saul Ewing's Wilmington office, has been elected to the firm's executive committee effective immediately, the firm said last week. She will serve a five-year term on the seven-attorney committee, which serves as Saul Ewing's managing body.
Bankruptcy Attorney Joins Ballard's Wilmington Office
Delaware Law Weekly
2010-02-03
Bankruptcy attorney Christopher S. Chow has joined the Wilmington office of Ballard Spahr, the firm announced last week.
Connolly Bove Plans 'Cleantech Forum'
Delaware Law Weekly
2010-02-03
Wilmington-based Connolly Bove Lodge & Hutz has scheduled its first annual Cleantech Forum for Feb. 24 at the Radnor Hotel in St. Davids, Pa., from 4 p.m. to 7:30 p.m.
District Court Judge Farnan to Retire at the End of July
Elizabeth Bennett
Delaware Law Weekly
2010-01-28
Judge Joseph J. Farnan Jr. of the U.S. District Court for the District of Delaware announced earlier this week that he would retire effective at the end of July, after 25 years of service on the court.
NCCo Common Pleas Court Judge Resigns in Wake of Abuse Allegations
Elizabeth Bennett
Delaware Law Weekly
2010-01-27
Judge William C. Bradley of the Court of Common Pleas has resigned from the bench following two civil suits alleging that he sexually abused two young boys in the 1970s.
Dow Shareholder Suit Tossed; No Demand Excusal Found
Elizabeth Bennett
Delaware Law Weekly
2010-01-27
The Court of Chancery has dismissed a shareholder derivative suit against Dow Chemical Co. because the plaintiffs failed to show that a demand on the board was excused by demonstrating that the director defendants were interested in a transaction or lacked independence.
As Feds Seek More Corporate Data, Business and States Chafe
Marcia Coyle
The National Law Journal
2010-01-27
The federal Treasury and Justice departments want to require states to collect more information about the owners of corporations and limited liability companies to help crack down on domestic shell companies that launder money and help finance terrorists.
Biden Won't Run For Senate, Cites Focus on Child Rape Case
Delaware Law Weekly
2010-01-27
Early Jan. 25, state Attorney General Beau Biden, a Democrat, announced that he would not be seeking the U.S. Senate seat once held by his father, Vice President Joe Biden, who vacated the seat last year.
Streett Unanimously Confirmed As Superior Court Judge
Delaware Law Weekly
2010-01-27
Diane Clarke Streett, the Register of Wills for New Castle County, was unanimously confirmed as a Superior Court judge by the Delaware state Senate on Jan. 20.
DuPont, BASF Settle Fight Over Patent Infringement Allegations
Delaware Law Weekly
2010-01-27
DuPont and BASF Corp. announced Jan. 13 that they have reached an agreement in their patent infringement dispute.
Potter Anderson Adds Real Estate Atty. to Business Group
Delaware Law Weekly
2010-01-27
Potter Anderson & Corroon announced last week that Stephen M. Kessler has joined the firm as an associate in the business group.
Delaware Lawyer Is Reinstated
Delaware Law Weekly
2010-01-27
Jay Katz was reinstated to the Delaware Bar effective Jan. 1, according to information released by the Office of Disciplinary Counsel. A Jan. 6 order from the Delaware Supreme Court announced Katz's reinstatement.
Beau Biden, VP's son, won't seek Senate seat
The Associated Press
2010-01-26
Delaware Attorney General Beau Biden will not be running for the U.S. Senate seat once held by his father, Vice President Joe Biden.
Patent Fight Between Nokia and Apple Heats Up
Elizabeth Bennett
Delaware Law Weekly
2010-01-20
The patent infringement suit filed by Nokia against Apple in October is no longer alone: Apple filed counterclaims on Dec. 11, followed by another patent infringement suit filed by Nokia on Dec. 29.
Sleet Is Said to Be on Short List for Federal Circuit Appointment
Elizabeth Bennett
Delaware Law Weekly
2010-01-20
Delawareans may be proud when one of their own judges is elevated, but news that Gregory M. Sleet of the U.S. District Court for the District of Delaware is being considered for a spot on the U.S. Federal Circuit Court of Appeals could be greeted with a tinge of trepidation given that the district court has labored with a vacant seat since late 2006.
Motions in Limine Head Off Trial in Two Seroquel Cases
Elizabeth Bennett
Delaware Law Weekly
2010-01-20
Another two Seroquel tort cases, among hundreds on the Delaware Superior Court docket, ended without trial when Judge Joseph R. Slights III granted drug maker AstraZeneca's motion in limine to exclude the testimony of the plaintiffs' medical experts.
Ammons to Lead Review of Procedures on Child Abuse
Delaware Law Weekly
2010-01-20
Gov. Jack Markell has named Widener University School of Law Associate Provost and Dean Linda L. Ammons to lead an independent review into the state's statutory and administrative procedures governing child abuse and exploitation. The Jan. 13 announcement of the review came in the wake of Lewes pediatrician Dr. Earl Bradley being charged with sexually assaulting children in his care.
Advanta Corp. Debtors Prepare Plan to Liquidate Assets
Delaware Law Weekly
2010-01-20
On Jan. 11, Advanta Corp. announced that its board of directors has authorized its debtor entities to liquidate their assets in order to maximize value for stakeholders consistent with the objectives of the Chapter 11 petitions filed in November in the U.S. Bankruptcy Court for the District of Delaware. Advanta Bank Corp. and Advanta Bank were not included in the bankruptcy filing.
Connolly Bove Chooses Two Partners, Seven Associates
Delaware Law Weekly
2010-01-20
Connolly Bove Lodge & Hutz has elected two partners and added seven associates in the firm's business law and intellectual property groups. The firm announced the addition of Bradley R. Aronstam and Kristen Healey Cramer as partners Jan. 6. The new associates were announced in December.
Ratner Prestia Names O'Rourke, McGlynn As Shareholders
Delaware Law Weekly
2010-01-20
Gerard M. O'Rourke has joined Wilmington-based Ratner Prestia as a shareholder in its litigation and dispute resolution group, the firm announced last week. In addition, the firm said John McGlynn has been elected a shareholder.
Proctor Heyman Adds Partner
Delaware Law Weekly
2010-01-20
Wilmington firm Proctor Heyman announced the election of Dominick T. Gattuso as a partner of the firm effective Jan. 1. Gattuso's practice is focused on advising and representing Delaware corporations and alternative entities, their governing bodies and other constituencies in business litigation in the Court of Chancery. He also represents clients in patent and complex commercial disputes in federal court.
Widener Plans Health Law CLE
Delaware Law Weekly
2010-01-20
Widener University School of Law plans to offer a four-day program designed to educate health law attorneys, compliance officers and risk managers about important issues in the pharmaceutical and medical device industries.
Federal Court Proposed Revised Local Rules
Staff
Delaware Law Weekly
2010-01-15
Pursuant to 28 U.S.C. 2071 and Rule 83 of the Federal Rules of Civil Procedure, the U.S. District Court for the District of Delaware is seeking public comment on proposed revised local rules of practice and procedure.
New Castle Register of Wills Nominated to Superior Court
Elizabeth Bennett
Delaware Law Weekly
2010-01-13
Last week, Gov. Jack Markell nominated Diane Clarke Streett, New Castle County Register of Wills, to be a judge of the Superior Court.
Deloitte Wins Summary Judgment on Claims Against Ex-Partner
Elizabeth Bennett
Delaware Law Weekly
2010-01-13
The Court of Chancery has held a former senior partner of big-four accounting firm Deloitte LLP liable for options trading performed in violation of his partnership agreements.
2009: Year in Review
Bankruptcy and Patent Cases Filled Federal Docket
Elizabeth Bennett
Delaware Law Weekly
2010-01-13
In an action-packed 2009, federal courts in Delaware continued their long-term trend of handling a volume of Chapter 11 bankruptcy and patent litigation far out of proportion to the size of the state.
Connolly Bove Client Awarded $6.5 Mil.
Delaware Law Weekly
2010-01-13
The Parker Hannifin Corp. was represented by Wilmington-based Connolly Bove Lodge & Hutz in a patent infringement suit that concluded in mid-December when a jury in the U.S. District Court for the Northern District of Ohio awarded the company more than $6.5 million. The jury found that Champion Laboratories Inc. willfully infringed a Parker patent related to fuel-filter technology.
Klehr Harrison Wins in Fee Dispute With Ex-Client
Delaware Law Weekly
2010-01-13
Following a bench trial in a dispute over attorney fees, New Castle County Superior Court Judge John E. Babiarz Jr. ruled in favor of plaintiff Klehr Harrison Harvey Branzburg & Ellers, a Philadelphia-based firm that filed an action for damages against Mosaica Education Inc., a New York-based management company for public charter schools in seven states.
Russian Justices of the Peace Examine Court Processes in Del.
Delaware Law Weekly
2010-01-13
Five leaders of the Russian judiciary last month visited Delaware examining the state's criminal and civil justice systems as participants of the Open World Program, according to information released by the Delaware Justice of the Peace Court, which was selected to host the delegation because of its similarity in jurisdiction.
Court of Chancery Sets Arbitration Fees
Delaware Law Weekly
2010-01-13
The Court of Chancery entered a standing order regarding arbitration fees Jan. 4, after giving consideration to the potential filing costs associated with arbitration of business disputes under Court of Chancery Rule 96 to Rule 98.
Fish & Richardson Recognized as Top IP Dept. Finalist
Delaware Law Weekly
2010-01-13
Fish & Richardson announced last week that it was named an "Intellectual Property Litigation Department of the Year" finalist by The American Lawyer, a publication affiliated with Delaware Law Weekly.
Deloitte Wins Summary Judgment on All Claims Against Former Partner
Elizabeth Bennett
Delaware Law Weekly
2010-01-08
The Court of Chancery has held a former senior partner of big-four accounting firm Deloitte LLP liable for options trading performed in violation of his partnership agreements.
One Word Can Create a Sealed Document, Justices Rule
Elizabeth Bennett
Delaware Law Weekly
2010-01-06
A divided Supreme Court resolved a conflict in the common law last month when the majority ruled that the pre-printed word "seal" found next to the signatures on a contract between individuals is sufficient to render it a sealed instrument subject to a 20-year statute of limitations, instead of the typical three-year period.
Year in Review
Capital Case, Corporate Law Dominated 2009 for Supreme Court
Elizabeth Bennett
Delaware Law Weekly
2010-01-06
While the Delaware Supreme Court produced weighty decisions in corporate law in 2009, the most dramatic case of the year involved the capital murder conviction of James Cooke for the rape and murder of Lindsey Bonistall, a student at the University of Delaware.
Year in Review
Del. Justices Took On Corporate Merger, Sale Cases in '09
Kevin F. Brady And Francis G.X. Pileggi
Delaware Law Weekly
2010-01-06
During 2009, there were more than 250 decisions from the Delaware Chancery Court and the Delaware Supreme Court on Delaware corporate and commercial issues. From those decisions, we selected a number of key cases on a purely subjective basis that we thought would be of the most wide-ranging interest and that could be highlighted in two articles.
Holland Visits Taiwan, Discusses Delaware Corporate Law
Delaware Law Weekly
2010-01-06
Justice Randy J. Holland of the Delaware Supreme Court made a four-day trip to Taipei, Taiwan, last month at the invitation of Taiwan's chief justice, In-Jaw Lai. Holland spoke about Delaware corporate law before the Taiwanese judiciary, the Taiwan Stock Exchange, the Taiwan Law Society and two of Taiwan's major law schools.
Two New Associates Join Fish & Richardson's Del. Office
Delaware Law Weekly
2010-01-06
Fish & Richardson announced last month that Lauren Murphy Pringle and Joseph Warden have joined the firm's intellectual property litigation group as associates in the Wilmington office. The firm has hired nine new associates across all of its offices as part of a long-term strategic plan to continue building on its position as a premier patent litigation law firm.
Campaign for Youth Justice Highlights Delaware Efforts
Delaware Law Weekly
2010-01-06
The Campaign for Youth Justice released three reports last month highlighting successful efforts in Delaware, Illinois and Connecticut to reduce the prosecution of youth in adult court and ensure public safety at the same time. The reports were featured at the "Keeping Juveniles in Juvenile Justice" session at the national "Models for Change" conference sponsored by the John D. and Catherine T. MacArthur Foundation.
Potter Anderson Partners Reappointed to Board
Delaware Law Weekly
2010-01-06
The Delaware Supreme Court has reappointed Potter Anderson & Corroon partners Wendy K. Voss and John E. James to the Board of Bar Examiners.
Plaintiff Has Burden to Prove Lack of Informed Consent Caused Injury
Elizabeth Bennett
Delaware Law Weekly
2009-12-30
In an issue that had been dividing Delaware courts, the Superior Court last month ruled that for an action based on Delaware’s informed consent statute to succeed, a plaintiff must prove by a preponderance of evidence that the lack of information proximately caused injury.
Year In Review
In 2009, Chancery Court Tackled Directors' Liability, Payment of Legal Bills
Kevin F. Brady and Francis G.X. Pileggi
Delaware Law Weekly
2009-12-30
During 2009, there were more than 250 decisions from the Delaware Chancery Court and the Delaware Supreme Court on Delaware corporate and commercial issues.
Griffith Named Equity Partner in Whiteford Taylor
Delaware Law Weekly
2009-12-30
Baltimore-based firm Whiteford Taylor & Preston announced earlier this month that Daniel A. Griffith, head of the firm’s Delaware office, has been named an equity partner effective Jan. 1.
Crop of New Richards Layton Associates Pass Bar Exam
Delaware Law Weekly
2009-12-30
Wilmington firm Richards Layton & Finger announced earlier this month that nine of its associates were admitted to the Delaware bar Dec. 14. The attorneys are Nicole C. Bright, Robert L. Burns, Kevin M. Gallagher, Elizabeth R. He, Matthew L. Hinker, Robert C. Maddox, Jason J. Rawnsley, Tyler D. Semmelman and Marisa A. Terranova.
Potter Anderson Elects Partner
Delaware Law Weekly
2009-12-30
H1N1 in the Workplace: What Employers Should Know
Kathleen Furey McDonough And Michael B. Rush
Delaware Law Weekly
2009-12-30
Many businesses across Delaware and the country continue to be affected by the H1N1, also known as swine flu, influenza. As of Nov. 20, the Centers for Disease Control and Prevention, or CDC, noted that 43 states, including Delaware, are reporting widespread influenza activity.
Laster Takes Seat as Newest Member of Chancery Court
Elizabeth Bennett
Delaware Law Weekly
2009-12-30
J. Travis Laster took his place on the Court of Chancery during an investiture ceremony in October at the New Castle County Courthouse in Wilmington.
Kent Co. Levy Court approves dog control transfer
Associated Press
2009-12-30
Del. working on NFL postseason betting system
Associated Press
2009-12-30
There's just one week remaining in the National Football League's regular season, but Delaware Lottery officials say they're working on a postseason betting system.
2009: Year In Review
Balance Among Practices Helps State Chug Through Downturn
Elizabeth Bennett
Delaware Law Weekly
2009-12-23
This has been a rough year economically speaking, and the legal business has not been immune, beset by layoffs and dissolutions, as happened to Philadelphia firm Wolf Block this spring.
Legal Staffing Firm Plans to Launch Medical Consulting Division
Elizabeth Bennett
Delaware Law Weekly
2009-12-23
Just Legal Inc. will cap off a year of growth when it launches its new medical consulting division in the first quarter of 2010.
Report From the Georgetown Law Center Advanced e-Discovery Institute
Kevin F. Brady
Delaware Law Weekly
2009-12-23
The keynote address at the sixth annual Advanced E-Discovery Institute Conference asked, "Is the E-Discovery Process Broken, and, If So, Can It be Fixed?" The address was delivered by Judge Lee Rosenthal of the U.S. District Court for the Southern District of Texas during the conference, which was held Nov. 12-13 at Georgetown Law Center in Washington, D.C.
Craigslist/eBay Trial Ends; Judge Hints at Settlement Talks
Delaware Law Weekly
2009-12-23
At the close of a nearly two-week nonjury trial between Internet titans eBay Inc. and Craigslist, Chancellor William B. Chandler III hinted that the companies might consider settlement talks because a ruling from the judge could "make everyone unhappy."
Iranian Arms Dealer Sentenced To Five Years in Prison
Delaware Law Weekly
2009-12-23
Amid heavy security, Chief Judge Gregory M. Sleet of the U.S. District Court for the District of Delaware sentenced Amir Hossein Ardebili, an Iranian national, to five years in prison on Dec. 14, after he pleaded guilty to dealing sensitive U.S. military technology to Iran.
Connolly Bove Handles Del. Opinions for Inland Financing
Delaware Law Weekly
2009-12-23
Connolly Bove Lodge & Hutz business lawyers wrote and delivered legal opinions to J.P. Morgan Chase & Co. on behalf of firm client Inland Western Retail Real Estate Trust Inc. in connection with $625 million in financing loans. The transaction, which closed Dec. 1, was one of the first of its kind since the mortgage meltdown last year.
Ridgely Elected to ALI
Delaware Law Weekly
2009-12-23
Justice Henry duPont Ridgely of the Delaware Supreme Court was recently elected to the American Law Institute, the leading independent organization in the United States producing scholarly work to clarify, modernize and otherwise improve the law.
Chancery Court Allows Suit Seeking Dissolution to Proceed
Elizabeth Bennett
Delaware Law Weekly
2009-12-16
The Court of Chancery last month denied defense motions to dismiss in a dispute over a limited liability company formed in Delaware to sell race cars, turning to corporate case law as well as alternative entity statutes to assess whether the suit should proceed.
Craigslist and eBay Square Off in Chancery Court
Shannon P. Duffy
Delaware Law Weekly
2009-12-16
In a trial billed as the "Clash of the Digital Titans," a parade of top executives from eBay Inc. and Craigslist began taking the witness stand in Delaware Chancery Court last week to testify about a 2004 stock purchase that ultimately led to a pair of lawsuits.
Fed. Judge Hears Arguments in Delaware River Dredging Case
Zack Needles
Delaware Law Weekly
2009-12-16
A federal judge in Delaware will determine whether a federal agency's plan to deepen and widen the Delaware River must be regulated by the state of Delaware in order to mitigate what the state says are potentially harmful environmental effects.
Child Predator Task Force Receives Federal Funding
Delaware Law Weekly
2009-12-16
Attorney General Beau Biden announced last month that the Delaware child predator task force has received $1.1 million in federal grant funding to expand its fight against online child sexual exploitation. Nearly half of the award comes from federal stimulus money. The funding will be used to enhance Delaware's ability to conduct proactive undercover online enticement and child pornography investigations, increase its capacity to prosecute cases and conduct law enforcement training and public outreach.
Morris Nichols Advises on Year's Top Leveraged Buyout
Delaware Law Weekly
2009-12-16
Frederick H. Alexander, a partner in the Delaware corporate law counseling group of Morris Nichols Arsht & Tunnell, plus associates Eric Wilensky and Ryan Greecher, advised the transaction committee for IMS Health Inc. in connection with its acquisition by TPG Capital and the Canada Pension Plan Investment Board. The transaction, announced last month, was valued at $5.2 billion including the assumption of debt -- the year's largest leveraged buyout. Connecticut-based IMS provides market research to the pharmaceutical and health care industries.
Craigslist CEO Testifies He Had Concerns About eBay's Trustworthiness
Shannon P. Duffy
Delaware Law Weekly
2009-12-14
Craigslist CEO Jim Buckmaster testified Friday that he would never have agreed to do business with eBay Inc. if he knew in 2004 what he knows now about how eBay executives do business.
Newmark Testifies eBay Turned Its Back on Craigslist's Values
Shannon P. Duffy
Delaware Law Weekly
2009-12-11
Craigslist founder Craig Newmark testified that he was assured by executives from eBay that they were happy with a "courtship" period in which eBay would hold a minority stake for several years, and that if both sides weren't happy, they would agree to an amicable parting of the ways.
Counsel for eBay Endures Withering Cross at Internet Trial
Shannon P. Duffy
Delaware Law Weekly
2009-12-10
In the court battle between Internet titans eBay and Craigslist, the tables were turned Wednesday morning as the lead lawyer for Craigslist attempted to effectively put eBay on trial with a withering cross-examination of an eBay in-house lawyer.
Court Defines 'Firefighter' Broadly in First-Degree Murder Case
Elizabeth Bennett
Delaware Law Weekly
2009-12-09
Judge Jerome O. Herlihy of the Superior Court was called on in November to apply Delaware's first-degree murder statute to an event with no parallel in case law.
Iranian Arms Dealer Set to Be Sentenced by Delaware Federal Judge
Elizabeth Bennett
Delaware Law Weekly
2009-12-09
Indictments returned in Delaware and Massachusetts of Iranian arms procurement agent Amir Hossein Ardebili were unsealed Dec. 2. David C. Weiss, U.S. attorney for the District of Delaware, announced that Ardebili pleaded guilty to the indictments May 19, 2008, and is scheduled for sentencing at 9:30 a.m. Dec. 14 before Chief Judge Gregory M. Sleet of the U.S. District Court for the District of Delaware.
AIG Agrees to Settlement Releasing Its Direct Claims in Del. Suit
Elizabeth Bennett
Delaware Law Weekly
2009-12-09
Insurance giant American International Group reached a settlement agreement with its former CEO, Maurice R. Greenberg, and others Nov. 25 that released numerous claims pending between the parties, including some claims in a suit in the Delaware Court of Chancery.
Toxic Coal Ash Suit Brought in Delaware
Delaware Law Weekly
2009-12-09
According to a complaint filed last month in Delaware Superior Court, toxic coal ash dumped by Arlington, Va.-based AES Corp. in the Dominican Republic allegedly caused birth defects, lung injuries and other acute and chronic medical problems. The suit alleges that AES illegally dumped 100 million pounds of coal ash onto a pristine Caribbean beachfront. The eight-count suit was filed on behalf of 11 plaintiffs, living and dead, from the small rural village of Arroyo Barril. AES is one of the world's largest power-generating companies.
Consolidated Justice of the Peace Court to Open
Delaware Law Weekly
2009-12-09
Last week, Delaware's Justice of the Peace Court announced it expects to open the new consolidated Court 11 location at 8 a.m. Dec. 23. Court 11 will continue to be a 24-hour facility and will be located at 2 Penns Way, Suite 100, in New Castle. Justice of the Peace Court 11 and Court 15 will move to this location along with the Justice of the Peace Court Administration and the Justice of the Peace Constable Central. All telephone numbers are expected to remain the same, except that all Court 15 calls will go to Court 11 at 302-323-4450. Faxes should be directed to 302-323-4452.
Steele and Delaware Lawyers Speak on Corporate Law
Delaware Law Weekly
2009-12-09
Chief Justice Myron T. Steele of the Delaware Supreme Court participated in a panel discussion on developments in Delaware corporate law at the Practising Law Institute's 41st Annual Securities Regulation Institute, held at the Hilton in New York on Nov. 4-6.
Witnesses Tell of Failed 'Marriage' Between eBay, Craigslist
Shannon Duffy
Delaware Law Weekly
2009-12-09
In the Delaware Chancery Court battle between Internet giants eBay and Craigslist, the testimony from the first four witnesses — all current or former eBay executives — has painted a picture of a clash of corporate cultures.
Judiciary Submits Lean Budget Request, Asserts Priorities
Elizabeth Bennett
Delaware Law Weekly
2009-12-02
With the budget situation for the state in fiscal year 2011 looking even worse than this year's, Chief Justice Myron T. Steele of the Delaware Supreme Court made the case for the judiciary's funding priorities at the budget request hearing in Dover on Nov. 24.
Del. Firm Serves as Co-Lead Counsel for Big Securities Settlement
Elizabeth Bennett
Delaware Law Weekly
2009-12-02
The parties to a class action suit alleging violations of federal securities laws against insurance brokerage Marsh & McLennan have agreed to settle the case for $400 million. Delaware-based firm Grant & Eisenhofer served as co-lead counsel in the case.
Securities Plaintiffs Win Access to Bank of America/Merrill Documents
Susan Beck
The American Lawyer
2009-12-02
In a huge win for shareholders, Southern District Judge Denny Chin took the unusual step Nov. 17 of lifting the statutory discovery stay in securities fraud lawsuits related to Bank of America's acquisition of Merrill Lynch.
Jury in Sex Abuse Case Finds Liability, but No Damages
Delaware Law Weekly
2009-12-02
The first trial under Delaware's Child Victims Act of 2007, which allows alleged victims of child sexual abuse to sue for offenses that happened decades ago, ended Tuesday in Superior Court when a jury declared that the Oblates of St. Francis de Sales, a Catholic religious order, was not the proximate cause of injury to the plaintiff, the Associated Press reported.
CBLH Client Reaches Settlement In Trademark Infringement Suit
Delaware Law Weekly
2009-12-02
After the U.S. District Court for the District of New Jersey awarded about $570,000 for trademark infringement damages as well as injunctive relief in favor of Karin Seruga and Excellent Bakery Equipment Co., a client of Delaware-based Connolly Bove Lodge & Hutz, the parties have reached a confidential settlement to resolve outstanding issues.
Court Issues New Standard Orders Related to Rule 72
Delaware Law Weekly
2009-12-02
The U.S. District Court for the District of Delaware has entered two standing orders regarding Federal Rule of Civil Procedure No. 72 that deal with the filing of objections to a decision of a magistrate judge. Dated Nov. 16 and signed by U.S. Magistrate Judges Mary Pat Thynge and Leonard P. Stark, one of the orders covers non pro se objections and the other covers pro se objections.
Young Conaway Partner Elected To AJS Leadership
Delaware Law Weekly
2009-12-02
William D. Johnston, a partner with the Wilmington-based firm of Young Conaway Stargatt & Taylor, has become president-elect of the American Judicature Society. He has also been nominated to become a fellow of the American Bar Foundation.
SABA-DE to Host National Leadership Retreat
Delaware Law Weekly
2009-12-02
The South Asian Bar Association of Delaware announced last month that the North American South Asian Bar Association has selected it to host the 2010 Leadership Retreat next fall. The location is to be determined.
Delaware courts: AP wants priest-abuse settlement details
The Associated Press
The Associated Press
2009-12-02
The Associated Press is asking a bankruptcy judge to unseal a settlement agreement between the Catholic Diocese of Wilmington and a former student at Salesianum School who alleged he was molested by a priest at the school in 1962.
Beatty Wins Relief From Stay in Tribune Bankruptcy
Elizabeth Bennett
Delaware Law Weekly
2009-11-25
Thanks to the U.S. Bankruptcy Court for the District of Delaware, actor and director Warren Beatty can proceed with a suit he brought in California against Tribune Media Services Inc. over motion picture, television and certain other rights to the Dick Tracy comic strip.
Motion to Dismiss Granted in Horizon Lines Securities Litigation
Elizabeth Bennett
Delaware Law Weekly
2009-11-25
The Delaware district court granted a defendants' motion to dismiss a securities fraud class action this month because the complaint failed to meet the pleading standards of federal law even though three of the company's officers are in prison for engaging in a price-fixing conspiracy.
Superior Court Annual Report Reveals Increased First-Degree Murder Caseload
Elizabeth Bennett
Delaware Law Weekly
2009-11-25
According to its annual report released Nov. 16, the Delaware Superior Court handled 11 percent more first-degree murder cases in fiscal year 2009 than it had the previous year.
Blank Rome Elects Partners In Wilmington Office
Delaware Law Weekly
2009-11-25
Blank Rome has elected David W. Carickhoff and Alisa E. Moen as partners in the Wilmington office, the firm announced Nov. 12. Nine other associates and one of counsel were also elected partner, and three associates were elevated to of counsel firmwide. The elections become effective Jan. 1.
Morris Nichols Announces New Partners
Delaware Law Weekly
2009-11-25
Delaware firm Morris Nichols Arsht & Tunnell announced that Thomas Briggs, Melissa DiVincenzo and James Honaker will become partners effective Jan. 1.
Litigation Counsel of America Inducts Connolly Bove Partner
Delaware Law Weekly
2009-11-25
Connolly Bove Lodge & Hutz announced recently that Henry "Hank" E. Gallagher Jr. was inducted as a fellow of the Litigation Counsel of America at its fall conference in Charleston, S.C., at the end of October.
Guests Offer Remarks in Widener Law Lectures
Delaware Law Weekly
2009-11-25
Two lectures presented by the Widener University School of Law took place last week. Professor Michelle M. Harner of the University of Maryland School of Law delivered the 2009 visiting scholar lecture at the Hotel du Pont on Nov. 17, and Princeton University professor Paul Starr delivered the fifth annual Raynes McCarty Distinguished Lecture in Health Law on Widener's Delaware campus and at the Union League of Philadelphia, both on Nov. 19.
Intel and AMD Reach Settlement in Antitrust Suit
Elizabeth Bennett
Delaware Law Weekly
2009-11-18
After more than four years of labor by a host of attorneys, the antitrust battle In re Intel Corp. Microprocessor Litigation ended in settlement last week when Intel Corp. agreed to pay Advanced Micro Devices Inc. $1.25 billion and to alter some business practices that AMD had alleged were anti-competitive.
TriCor Antitrust Case Settles for $65.7 Million
Elizabeth Bennett
Delaware Law Weekly
2009-11-18
A $65.7 million settlement was approved by the U.S. District Court for the District of Delaware late last month, ending an antitrust suit concerning the cholesterol-lowering drug TriCor.
New Jersey Joins Delaware's Suit to Stop Dredging
Delaware Law Weekly
2009-11-18
The State of New Jersey has moved to join the lawsuit filed Oct. 30 by Delaware Attorney General Beau Biden in U.S. District Court for the District of Delaware to enjoin the U.S. Army Corps of Engineers from dredging the Delaware River.
Advanta Bankruptcy Brings Work To N.Y., Del. Firms
Delaware Law Weekly
2009-11-18
Spring House, Pa.-based Advanta Corp. filed for voluntary Chapter 11 bankruptcy Sunday in the U.S. Bankruptcy Court for the District of Delaware.
Dalton Elected to American College of Trial Lawyers Board
Delaware Law Weekly
2009-11-18
Bartholomew J. Dalton of Dalton & Associates has been elected to the board of regents of the American College of Trial Lawyers, the first Delaware lawyer to hold a position on the board, the Wilmington firm announced late last month. Dalton is the regent with responsibility for Delaware.
Morris James Attorney Recognized for Pro Bono Work
Delaware Law Weekly
2009-11-18
The Office of the Child Advocate has recognized Morris James partner Lewis H. Lazarus as a dedicated volunteer with five years of pro bono service. The OCA noted that Lazarus has represented six children and donated more than 300 hours for the benefit of Delaware's abused, neglected and dependent children.
State Asks for U.S. Supreme Court Review in Capital Case
Elizabeth Bennett
Delaware Law Weekly
2009-11-12
Constitutional questions have led the Delaware Department of Justice to file a petition for certiorari to the U.S. Supreme Court in the capital murder case of James Cooke. The petition was filed Nov. 6.
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