Delaware

Judicial misconduct can be a bar to retrial under double jeopardy ban, top state court rules

New Mexico’s constitutional ban on double jeopardy may bar retrial of a defendant because of a judge’s conduct at trial, the state’s top court ruled earlier this month.

Feb 22, 2022 8:41 AM CST

Hertz can’t hide number of police reports filed against customers, judge rules

A bankruptcy judge in Delaware ruled last week that car rental company Hertz can’t seal information on the number of police reports that it filed against customers.

Feb 15, 2022 10:27 AM CST

Judge who described pro-Trump lawyer as ‘mendacious or incompetent’ ruled too quickly, top state court says

A Delaware judge abused his discretion when he tossed a pro-Trump lawyer from a case without giving him an opportunity to respond to a show-cause order, the Delaware Supreme Court ruled Wednesday.

Jan 19, 2022 2:44 PM CST

Judge refuses to toss Dominion’s $1.6B defamation suit against Fox News

A Delaware superior court judge has refused to dismiss a $1.6 billion defamation lawsuit filed by Dominion Voting Systems against Fox News over the network’s election fraud claims.

Dec 17, 2021 12:20 PM CST

Pot smell didn’t provide probable cause for juvenile’s arrest, top state court says

The Delaware Supreme Court has ruled that marijuana and cocaine seized after police arrested a juvenile should be suppressed because the pot smell emanating from the vehicle in which she was a passenger didn’t provide probable cause for her arrest.

Sep 15, 2021 9:28 AM CDT

Lawyer finds two words that doom billion-dollar case

A lawyer with a BigLaw firm was able to thwart a billion-dollar qui tam case against the Lennar Corp. when she found a California real estate developer’s name on a change-of-counsel form.

Jul 20, 2021 12:28 PM CDT

Tesla’s board failed to appoint general counsel who could keep Elon Musk in line, unsealed suit alleges

Tesla’s board of directors failed to secure a general counsel who could curtail “erratic” tweeting Tesla CEO Elon Musk, according to a shareholders’ derivative lawsuit unsealed Friday.

Mar 17, 2021 1:41 PM CDT

Afternoon Briefs: Law deans want to delay employment reporting; Edelson parody videos tout untraditional mold

Law school deans want more time for reporting employment outcomes Citing the COVID-19 pandemic, law school deans have asked the ABA’s Section of Legal Education and Admissions to the Bar to push back its law graduate employment data deadline from March to June. The data, which comprises the ABA’s annual…

Feb 12, 2021 4:27 PM CST

Afternoon Briefs: BigLaw partner faces architect’s suit; Weinstein accusers will receive compensation

Suit claims Orrick partner didn’t fully pay for architect’s work Orrick Herrington & Sutcliffe partner Jeannie Shin is facing a lawsuit by an architecture firm claiming that she illegally copied its plans for improvements to her San Francisco home. The suit by Jennifer Tulley Architects Inc. claims that the purloined…

Jan 28, 2021 5:04 PM CST

Oops! Lawyer files election lawsuit ‘under plenty of perjury’

A lawyer who filed a lawsuit challenging Georgia’s election process is attracting attention because of a typo near the end of the complaint. The verification paragraph said the lawyer verifies “under plenty of perjury” that the facts in the suit are true.

Dec 22, 2020 9:24 AM CST

Standing issue keeps SCOTUS from ruling on state requirement for politically balanced courts

A Delaware lawyer didn’t have standing to challenge a state requirement for political balance and major-party judges on the state’s top courts, the U.S. Supreme Court has ruled.

Dec 10, 2020 12:26 PM CST

Supreme Court agrees to hear challenge to Delaware requirement for political balance on top courts

The U.S. Supreme Court has agreed to hear a challenge to a Delaware constitutional provision requiring balance between Republicans and Democrats on the state’s top courts.

Dec 9, 2019 10:14 AM CST

ACLU sues state police, alleging they’re acting as immigration authorities

Pennsylvania State Police troopers have routinely violated the law by stopping and holding people based solely on their Latino appearance, terrifying drivers and passengers while usurping federal authority to investigate supposed immigration violations, the ACLU claims in a federal lawsuit filed recently.

Jul 9, 2019 1:29 PM CDT

State supreme court calls out BigLaw lawyer for failing to stanch evasive client’s ‘deposition fiasco’

A Sullivan & Cromwell partner has been called out by the Delaware Supreme Court for failing to put an end to his client’s misbehavior that resulted in a “deposition fiasco.” The court referred to the partner, Brian Frawley, by name and said he apparently made no attempt to stop his…

Jul 1, 2019 11:17 AM CDT

Plaintiffs seeking more school funding are using states’ own performance requirements to win

Parents and school districts have been suing over school funding, using state-mandated performance standards to argue that states aren’t living up to their end of the bargain—and they’re winning.

Apr 1, 2019 1:40 AM CDT