Delaware

  • April 18, 2025

    3rd Circ. Won't Revive Norfolk Southern Conductor's ADA Suit

    The Third Circuit refused Friday to reinstate a Norfolk Southern Railway Co. train conductor's suit alleging he was illegally suspended because of his history of seizures, saying the railroad's decision wasn't rooted in discrimination.

  • April 18, 2025

    Del. House Bill Would Exempt Overtime Pay From Income Tax

    Delaware would exempt eligible workers' overtime pay from state income tax under a bill introduced in the state House of Representatives.

  • April 18, 2025

    5 Takeaways From Texas Stock Exchange's SEC Filing

    The newly formed Texas Stock Exchange LLC is proposing rules that largely resemble those of the New York heavyweights it seeks to challenge, along with some notable differences, leaving questions on how the exchange will distinguish itself. Here are five takeaways from TXSE's securities filing.

  • April 17, 2025

    RI Judge Wants To Know Who's Behind $11B Health Grant Cuts

    A Rhode Island federal judge on Thursday pressed the Trump administration for details about the decision-makers behind the cancellation of billions in grants supporting state public health programs.

  • April 17, 2025

    Chancery Fast-Tracks Suits Targeting Reinsurance Offshoring

    A trio of Oxford Risk Management Group LLC reinsurance customers this week won fast-tracking of three Court of Chancery suits that raised multiple claims, including for treble damages, after ORMG declared that it had unilaterally transferred some of its U.S. accounts and exposures to an allegedly steeply undercapitalized, captive Bermuda reinsurer.

  • April 17, 2025

    SolarWinds Sued For Docs On $4.4B Take-Private Deal

    Citing company controller clout and alleged minority stockholder sidelining, a SolarWinds Corp. stock-owning trust has sued in Delaware's Court of Chancery for documents related to the company's $4.4 billion, $18.50-per-share take-public deal from Turn/River Capital LP.

  • April 17, 2025

    3rd Circ. Questions Walmart's Duty To Disclose Opioid Probe

    The Third Circuit on Thursday questioned the extent to which Walmart knew of the government's interest in prosecuting it for opioid sales, as it considered a bid by investors to revive class claims alleging the retail chain failed to disclose it was under investigation.

  • April 17, 2025

    Del. Senate Confirms New President Judge For Superior Court

    Delaware's Senate on Thursday confirmed Superior Court Judge Eric M. Davis, who this week postponed the trial in a high stakes defamation battle between Dominion Voting Systems and Newsmax Media Inc., to serve as the court's chief judge.

  • April 17, 2025

    High Court Sets Arguments Over Birthright Pause

    The U.S. Supreme Court on Thursday ordered special oral arguments over President Donald Trump's bid to pause or limit three nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, keeping the president's mandate on hold until at least mid-May.

  • April 17, 2025

    Petersen Health Gets Initial OK To Take Votes On Ch. 11 Plan

    A Delaware bankruptcy judge on Thursday provisionally approved skilled nursing facility operator Petersen Health Care's bid to send its Chapter 11 liquidation plan out to creditors for voting, months after the company sold off most of its assets.

  • April 16, 2025

    3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge

    The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.

  • April 16, 2025

    Imerys Says Italian Unit In Danger From Talc Lawsuits

    Bankrupt talc producer Imerys Talc America on Wednesday defended its recent move to file a Chapter 11 case for its Italian subsidiary, saying the foreign unit is facing imminent financial danger should it be targeted in talc injury suits.

  • April 16, 2025

    3rd Circ. Says FAA Doesn't Apply To Drivers' Distributor Pact

    The Third Circuit nixed on Wednesday a New Jersey lower court's order making a father-son delivery driver duo arbitrate their wage and hour claims against tortilla producer Gruma Corp., finding the Federal Arbitration Act does not apply to the parties' distributor contract.

  • April 16, 2025

    Carvana Stockholders Urge Revival Of Insider Trading Suit

    Stockholder attorneys who saw unjust enrichment and fiduciary breach claims against Carvana Inc.'s directors, officers and controller scuttled in Delaware's Court of Chancery last year urged the state's justices Wednesday to revive claims against its controller, who allegedly relied on inside information while selling $3.7 billion of shares.

  • April 16, 2025

    Fed. Circ. Won't Revive MIT Patent In Electric Vehicle Fight

    The Federal Circuit on Wednesday refused to revive a technology company's patent covering a wireless charging system created by the Massachusetts Institute of Technology, backing a Patent Trial and Appeal Board finding that the challenged claims were too obvious to warrant patent protection.

  • April 16, 2025

    Dominion-Newsmax Defamation Trial Postponed

    A Delaware judge postponed Wednesday a scheduled April 28 trial kickoff for a billion dollar defamation suit between Newsmax Media Inc. and Dominion Voting Systems, one day after a hearing on Newsmax's request for a delay and newly emerged schedule complications.

  • April 15, 2025

    Astellas Bladder Drug Patent Survives Following Bench Trial

    A Delaware federal judge on Tuesday held that generic-drug makers Lupin and Zydus Pharmaceuticals haven't shown "by clear and convincing evidence" that an Astellas Pharma patent covering the bladder medication Myrbetriq is invalid.

  • April 15, 2025

    Westlaw Rival Urges 3rd Circ. Intervention In AI Fair Use Case

    Tech startup ROSS Intelligence has urged the Third Circuit to allow a quick appeal focusing on two key questions from a lower court decision concluding it infringed copyrighted material from Thomson Reuters' Westlaw platform to create an artificial intelligence-backed competing legal research tool. 

  • April 15, 2025

    J&J, Others Say Asbestos Trusts Can't Purge Records

    A group of asbestos litigation defendants and related bankruptcy debtors, including Johnson & Johnson, sued 10 asbestos claims trusts in Delaware's Court of Chancery on Tuesday, accusing them of pursuing an improper destruction of evidence linked to tens of thousands of potential cases.

  • April 15, 2025

    Dow Says NJ Pollution Suit 'Classic' Case For Federal Court

    Dow Chemical Co. told a Third Circuit panel on Tuesday that the New Jersey attorney general's suit accusing it and other companies of causing widespread groundwater pollution through a product containing a likely cancer-causing compound belongs in federal court, arguing the product was developed for the federal government.

  • April 15, 2025

    Timing For Newsmax, Dominion Defamation Trial Still Unclear

    The timing for a potential billion-dollar defamation battle in Delaware between Newsmax Media Inc. and Dominion Voting Systems that had been scheduled to begin April 28 was left in the air late Tuesday after a daylong hearing on final pretrial issues and Newsmax's calls for a delay.

  • April 15, 2025

    SPAC Officers Seek Coverage For Post-Merger Lawsuits

    Beazley Insurance Co. and certain former directors and officers of a special purpose acquisition company that ultimately became a solar financing company accused the successor company in Delaware Chancery Court of failing to indemnify and advance costs they incurred in two cases stemming from the SPAC merger.

  • April 15, 2025

    Paul Weiss To Narrow Forever 21 Work Amid Conflict Claims

    Paul Weiss Rifkind Wharton & Garrison LLP told a Delaware bankruptcy judge Tuesday that it would be willing to reduce its proposed work for liquidating retailer Forever 21 in response to an objection by the U.S. Department of Justice's bankruptcy watchdog, which argued the firm is conflicted in the Chapter 11 case and shouldn't be hired by the debtor.

  • April 15, 2025

    39 AGs Urge Congress To Ban PBM Pharmacy Ownership

    A bipartisan coalition of attorneys general have urged congressional leadership to pass legislation banning pharmacy benefit managers, their parent companies and affiliates from owning and operating pharmacies in order to boost competition and fairness.

  • April 15, 2025

    3rd Circ. Won't Restart Claims In Dodge Charger Class

    A Third Circuit panel on Tuesday held that it could not revive a lawsuit filed by owners of Dodge Charger Hellcats claiming that the muscle cars fell short of their advertised performance, noting that the lower court did not adequately explain its reasoning in dismissing the bulk of the case.

Expert Analysis

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

    Author Photo

    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • How Attorneys Can Break Free From Career Enmeshment

    Author Photo

    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Where Can Privacy Plaintiffs Sue When Injury Is Online?

    Author Photo

    Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

    Author Photo

    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

    Author Photo

    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

    Author Photo

    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Don't Phone A Friend: Disclosing Friendships With Executives

    Author Photo

    The U.S. Securities and Exchange Commission's recent settlement against a former Church & Dwight chairman for violating proxy disclosure rules by neglecting to disclose his friendship with an executive officer amid a CEO search illustrates the perils of relying solely on responses to questionnaires circulated to boards, say attorneys at BCLP.

  • Webuild Ruling Complicates Arb. Award Enforcement In US

    Author Photo

    A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.

  • Series

    Beekeeping Makes Me A Better Lawyer

    Author Photo

    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Budding Lessons From Landmark Plant Seed Patent Battle

    Author Photo

    The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

    Author Photo

    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

    Author Photo

    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

    Author Photo

    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Avoiding Merger Disputes Via Careful LLC Agreement Drafting

    Author Photo

    The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.

  • An Update On Legal Issues In The Drone Market

    Author Photo

    Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Delaware archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!