3rd Circuit strikes down requirement for Democratic and Republican balance on top courts

A Delaware constitutional requirement for political balance between Republicans and Democrats on top state courts violates a First Amendment right to political association, a federal appeals court ruled Tuesday. The 3rd U.S. Circuit Court of Appeals at Philadelphia unanimously ruled the restriction violated the right of Delaware lawyer James Adams…

Feb 6, 2019 7:00 AM CST

Democrats pepper Kavanaugh with written questions, including if he had a gambling problem

Some Democrats are sending Supreme Court nominee Brett Kavanaugh extensive written follow-up questions after his more than 20 hours of testimony during Senate Judiciary Committee hearings last week.

Sep 12, 2018 11:53 AM CDT

Lawyer is suspended and forever banned from overseeing law firm financial records

The managing partner of a Delaware law firm has been suspended and permanently banned from maintaining or overseeing his law firm’s financial records after the state supreme court concluded he didn't learn his lesson about the need to supervise bookkeepers.

Jun 7, 2018 2:15 PM CDT

A year after Supreme Court’s TC Heartland ruling, patent cases are up in Delaware and LA

The U.S. District Court for the Eastern District of Texas used to be famous as a preferred venue for plaintiffs in patent cases. But data indicates the U.S. Supreme Court put a stop to that in May of 2017 when it ruled in TC Heartland v. Kraft Food Brands Group that lawyers should use a narrow definition of “resides” when determining where venue is proper.

May 22, 2018 7:00 AM CDT

Paralegal injured playing softball for law firm team isn’t entitled to workers’ comp, court rules

The executive director of the Delaware law firm Morris James thought softball was so important to team building that she asked job candidates whether they played. She was the softball coach, after all.

Apr 5, 2018 7:00 AM CDT

Lawyer reprimanded for explicit and demeaning comments, including calling prosecutor ‘Kurvacious’

A Delaware criminal defense lawyer was reprimanded and ordered to take a professionalism course for comments made to a former client and state prosecutors, including an assertion that he used to expose his “thing” to girls in a movie theater using a popcorn box held on his lap.

Mar 19, 2018 7:30 AM CDT

What Trump Can and Can’t Do to Clamp Down on the Press

What damage might Donald Trump do to the press, and what legal options do journalists have available to defend their speech? And how might the administration fight the leaks to the media that appear daily?

Oct 1, 2017 1:20 AM CDT

Delaware loses long-held No. 1 ranking for business-friendly legal climate to South Dakota

A periodic survey of corporations by the U.S. Chamber of Commerce’s legal-reform arm found that Delaware has lost its No. 1 ranking for being business-friendly in legal matters, dropping to No. 11, the Associated Press reports. Delaware had been No. 1 in the previous 10 surveys, and fell out of…

Sep 12, 2017 1:45 PM CDT

Inmates’ escape par for the course in private prison transport industry

The private prisoner transport company whose van was stolen by two inmates last week in Oklahoma — precipitating a national manhunt that remains underway — may be feeling a sense of deja vu. The company has suffered at least half a dozen other escapes in the last five years. Inmate…

Sep 1, 2017 7:00 AM CDT

Patent lawsuits drop 21 percent in the Eastern District of Texas as SCOTUS ruling brings new era

Patent lawsuits in the federal court for the Eastern District of Texas are on the decline as a result of a May ruling by the U.S. Supreme Court.

Jul 19, 2017 7:45 AM CDT

ABA Announcements

Jun 1, 2017 12:35 AM CDT

ABA scores wins on attorney-client privilege and independence of the legal profession

The ABA achieved some significant victories during the past year by advocating for revisions to key federal regulations that will protect the independence of the legal profession and preserve the confidential lawyer-client relationship.

Mar 1, 2017 1:05 AM CST

Lawyer sues over Delaware constitutional requirement for political balance on state courts

A Delaware lawyer filed a federal lawsuit Tuesday that challenges a state constitutional requirement limiting the number of judges from one political party on state courts. James Adams claims in his lawsuit (PDF) that the provision violates the First Amendment right to freedom of political association, the Associated Press reports.…

Feb 23, 2017 7:00 AM CST

Delaware death-penalty law violates right to jury, state supreme court rules

The Delaware Supreme Court has struck down the state’s death penalty law, ruling it gives judges too much decision-making power in violation of the Sixth Amendment right to a jury trial. The court ruled on Tuesday in the case of Benjamin Rauf, a Temple University law grad accused of killing…

Aug 3, 2016 9:43 AM CDT

Case of law grad accused in slaying tests Delaware’s death penalty law

Corrected: The Delaware Supreme Court is considering the constitutionality of the state’s death penalty statute in a case involving a law grad accused of killing a former classmate. An assistant public defender, Santino Ceccotti, argued last Wednesday that the law should be struck down because it allows judges to weigh…

Jun 20, 2016 8:00 AM CDT