Last month, the Delaware Supreme Court announced that non-confidential oral arguments will now be available online live as they happen in Dover.  A link to the Court’s live stream can be found on the Court’s website and here.  The Court hopes that the live broadcasts will provide an educational opportunity for those interested in learning about he Delaware Courts.

Live broadcasting from the Courtroom is not a new concept.  Perhaps the most notable example is the television broadcast of the OJ Simpson murder trial.  For those that are interested, the new FX miniseries The People v. O.J. Simpson: American Crime Story highlights some of the controversy that came out of the broadcast of that trial.

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Seth Niederman is a partner with the law firm Fox Rothschild LLP. Seth practices in Fox Rothschild’s Wilmington, Delaware office. You can reach Seth at 302-622-4238, or sniederman@foxrothschild.com.

 

The Delaware Judiciary recently issued its 2015 Annual Report. The Report includes a message from Chief Justice Strine, as well messages from the Chancellor, President or Chief Judge from each Court.  The Report also contains a fiscal overview and a summary of 2015 legislation that impacts the Judiciary.

In addition, the Judiciary published Statistical Information for 2015. The Statistical Information includes,

  • The Average time from filing to disposition of appeals to the Supreme Court;
  • The Average time from submission to disposition of appeals to the Supreme Court; and
  • Caseload breakdown and disposition of matters filed in each Court with comparisons to previous years.

The 2015 Annual Report and Reports from prior years can be found on the Court’s website.

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Leslie Spoltore is an attorney with the law firm Fox Rothschild LLP.  Leslie practices in Fox Rothschild’s Wilmington, Delaware office.  You can reach Leslie at (302) 622-4203, or lspoltore@foxrothschild.com.

As 2015 draws to a close, let’s take a look back at some of the most viewed posts.

Listen Up: Delaware Superior Court Overrules Hearsay Objection Where Out-of-court Statement Was Being Offered to Prove its Effect on the Listener

The Importance of Being A Good Trial Witness

Consider International Custody Issues Sooner Rather Than Later

Superior Court Issues Administrative Directive Regarding Case Caption Designations

Reducing Stress During Divorce Litigation

Delaware Enacts A Bill Of Rights For Dependent, Neglected And Abused Children

Judge Michael K. Newell Confirmed As The New Chief Judge Of The Family Court

The Kurt Busch Case Places a Spotlight on Petitions for Orders of Protection from Abuse

For Better or Worse – Lawsuit in Mississippi Brings Attention to the Claim of Alienation of Affection

Expert reports cannot be based merely on “common sense”; that’s common sense!

 

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Leslie Spoltore is a Partner with the law firm Fox Rothschild LLP. Leslie practices in Fox Rothschild’s Wilmington, Delaware office. You can reach Leslie at (302) 622-4203, or lspoltore@foxrothschild.com.

 

President Judge Jurden recently issued Administrative Directive 2015-7, which names Judge Paul R. Wallace to the Complex Commercial Litigation Division.  Judge Wallace will assume Judge Silverman’s CCLD caseload and succeed President Judge Jurden on the Panel.  The Panel now consists of:

  • Judge William C. Carpenter, Jr.
  • Judge Mary M. Johnston
  • Judge Eric M. Davis
  • Judge Paul R. Wallace

Judge Wallace’s civil case management preferences can be found here.  See our previous post on the CCLD here.

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Seth Niederman is a partner with the law firm Fox Rothschild LLP. Seth practices in Fox Rothschild’s Wilmington, Delaware office. You can reach Seth at 302-622-4238, or sniederman@foxrothschild.com.

A recent Justice of the Peace Court Policy Directive advises that effective November 2, 2015, all judicial proceedings will be digitally recorded.  “Judicial proceedings” are defined in the Directive tin include “any activity that requires a judge to use the power vested in him/her by virtue of their office in order to enforce a law or obtain a legal remedy available by law.”  The entire Directive may be viewed here.

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leslie_SpoltoreLeslie Spoltore is a Partner with the law firm Fox Rothschild LLP.  Leslie practices in Fox Rothschild’s Wilmington, Delaware office.  You can reach Leslie at (302) 622-4203, or lspoltore@foxrothschild.com.

The U.S. Chamber of Commerce conducted a survey to examine how fair and reasonable each states’ tort liability system is perceived to be by U.S. businesses.  The states were graded and ranked in ten (10) categories.  In each of the categories, Delaware was ranked as follows:

1          Overall treatment of tort and contract litigation

1          Having and enforcing meaningful venue requirements

1          Treatment of class actions and mass consolidation suits

1          Damages

1          Timeliness of summary judgment or dismissal

2          Discovery

2          Handling of scientific and technical evidence

2          Judges’ impartiality

1          Judges’ competence

2          Juries’ fairness

The survey may be viewed in its entirety here.

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Leslie Spoltore is a Partner with the law firm Fox Rothschild LLP.  Leslie practices in Fox Rothschild’s Wilmington, Delaware office.  You can reach Leslie at (302) 622-4203, or lspoltore@foxrothschild.com.

All Delaware litigators should take note of the newly released Operating Procedures for the Delaware Judiciary Branch.  This new resource puts all key administrative policies of the Judicial Branch in one place, with an easily searchable subject matter index.  Existing Administrative Directives have been updated to current practices and revised to eliminate redundancies and conflicts.   The Procedures provide that,

These operating procedures are intended to provide a general understanding to the public, the practicing bar, and the Judicial Branch’s own staff of the administrative procedures followed by the Judicial Branch.  These operating procedures are subordinate to the Judicial Branch’s duty to comply with the Constitution, statutes, Court-specific rules, and its overarching commitment to do justice in the diverse procedural circumstances in which cases arise.  When the need to do justice requires, the Judicial Branch may deviate from these procedures, but these operating procedures are intended to represent how the Judicial Branch operates in the ordinary course.

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Seth Niederman is a partner with the law firm Fox Rothschild LLP. Seth practices in Fox Rothschild’s Wilmington, Delaware office. You can reach Seth at 302-622-4238, or sniederman@foxrothschild.com.

There is no question that family members often provide much needed emotional and financial support during divorce and custody cases.  A recent post on the New Jersey Family Law Blog by Robert A. Epstein, a Partner in our Roseland, New Jersey office, explores how family members can overstep their bounds and go from helping to interfering.  His very interesting post examines the New York action in which paternal grandparents were sanctioned and fined  after the judge found that they prolonged what should have been a simple divorce for their son in order to maintain their relationship with their granddaughter.  In addition, the attorneys for the paternal grandparents were sanctioned for their role in the litigation.  As Robert points out, this case serves as a cautionary tale for those who are tempted to go beyond the limits of support and begin meddling.

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Leslie Spoltore is a Partner with the law firm Fox Rothschild LLP.  Leslie practices in Fox Rothschild’s Wilmington, Delaware office.  You can reach Leslie at (302) 622-4203, or lspoltore@foxrothschild.com.

 

On March 11, 2015, the following important bulletin regarding the e-filing of Pro Hac Vice Motions was issued by File & Serve XPress:

Filers in the Delaware Court of Chancery Civil Action, Delaware Superior Courts, and Delaware Supreme Courts will be required to select the document type “Proposed Order – Pro Hac Vice” when e-Filing their Pro Hac Vice Motions and Proposed Orders. The authorizer of the transactions should be the local Delaware counsel (as is required under DE Rules of Procedure), and the first words of the Document Title should be the Pro Hac Admittee’s name, last name, first name, followed by a colon, then the document title as shown in quotations below (omit quotations and brackets).

For Example: “Smith, John S.: Proposed Order [document title]…”

 

 

No doubt you have seen the headlines about former Secretary of State Hillary Clinton’s email woes.  Those who do not deal with government information on a daily basis may not face the same regulations or scrutiny from the press as Ms. Clinton.  However, as the recent post by Mark Ashton, a Partner in our Exton office, points out her situation serves as a valuable lesson for many.  His post, entitled “The Peril Of The Office Server” provides a reminder that it is best to think of what you are mailing and whether you are using a private or work related email address before you hit send.  This can be a particularly important consideration if you are involved in litigation.

Envelope Sign Shows Internet Communication Message Online Stock Photo

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Leslie Spoltore is a Partner with the law firm Fox Rothschild LLP.  Leslie practices in Fox Rothschild’s Wilmington, Delaware office.  You can reach Leslie at (302) 622-4203, or lspoltore@foxrothschild.com.