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FindLaw Legal News The Supreme Court of Delaware held that he was not entitled to relief, on the ground that the restaurant's action was not state action within the meaning of the Fourteenth Amendment and that the restaurant was not required by a Delaware statute to serve all persons entering its place of business. The Supreme Court of Delaware has held that Eagle was acting in "a purely private capacity" under its lease; that its action was not that of the Authority and was not, therefore, state action within the contemplation of the prohibitions contained in that Amendment. The judgment of the Supreme Court of Delaware is reversed and the cause remanded for further proceedings consistent with this opinion. caselaw.lp.findlaw.com /scripts/printer_friendly.pl?page=us/365/715.html   (3646 words)

Road Block Registry: Federal Court Cases, Delaware v. Prouse, US Supreme Court The Delaware Supreme Court affirmed, noting first that "[t]he issue of the legal validity of systematic, roadblock-type stops of a number of vehicles for license and vehicle registration check is not now before the Court," 382 A. 2d 1359, 1362 (1978) (emphasis in original). The court held that "a random stop of a motorist in the absence of specific articulable facts which justify the stop by indicating a reasonable suspicion that a violation of the law has occurred is constitutionally impermissible and violative of the Fourth and Fourteenth Amendments to the United States Constitution." Id., at 1364. Nor is the Court impressed with the deterrence rationale, finding it inconceivable that an unlicensed driver who is not deterred by the prospect of being involved in a traffic violation or other incident requiring him to produce a license would be deterred by the possibility of being subjected to a spot check. www.roadblock.org /federal/caseUSprouse.htm   (5418 words)

State supreme court   (Site not responding. Last check: 2007-10-10) The court consists of a panel of judges, either appointed by the state governor, or elected by the state legislature or the people for a limited term. Under the American system of federalism, the interpretation of a state supreme court on a matter of state law is normally final and binding and must be accepted in both state and federal courts. Federal courts may only overrule a state court when there is a federal question, which is to say, a specific issue (such as consistency with the U.S. Constitution) that gives cause for federal court jurisdiction. www.brainyencyclopedia.com /encyclopedia/s/st/state_supreme_court.html   (465 words)

Delaware Supreme Court : Takeover Defenses, Internal Affairs Doctrine, Equitable & Injunctive Relief, Best Interests of ... Rapuano, download file, the Delaware Supreme Court affirmed the decision from the bench of the Chancery Court in which it was determined the there was not a basis to apply the "bad faith" exception to the American Rule that each party bears its own fees. However, the Supreme Court reversed to the extent that it remanded with instruction that the trial court grant an award of attorneys’ fees and costs to the petitioner due to the bad faith conduct of the company in litigation including false testimony, failure to produce discovery (including destruction of computers). In the first interpretation of the recent amendment of Section 220(b)(2), the court determined that unless the parent is capable of compelling the subsidiary to produce the documents, the stockholder of the parent corporation is not entitled generally to inspect the books and records of that subsidiary. www.delawarelitigation.com /cat-delaware-supreme-court-updates.html   (2775 words)

Conglomerate Blog: Business, Law, Economics & Society   (Site not responding. Last check: 2007-10-10) The change was prompted in part by cost efficiency for the court and litigants and by the need to speak with one voice or to air dissents, as necessary, from the outset. Delaware does not have an intermediate appellate court, and it is unlikely to have one in the near term. Having the entire court hear a case when it is important enough to warrant oral argument serves the goals of efficiency and speaking with one voice, in my view. www.theconglomerate.org /2005/03/delaware_suprem.html   (670 words)

State supreme court - dKosopedia In the United States, the state supreme court (known by other names in some states) is usually the highest court in the state court system. Rulings of state supreme courts on such matters may be appealed directly to the Supreme Court of the United States. Louisiana Supreme Court (formerly the Superior Court of Louisiana and the Superior Court of the Territory of Orleans) www.dkosopedia.com /index.php/State_supreme_court   (681 words)

DELAWARE SUPREME COURT VACATES LIBEL VERDICT AGAINST THE NEWS JOURNAL (June 9, 2000) Delaware's highest state court set aside a $2.6 million libel verdict stemming from a news report about a complaint against a doctor that a patient had filed with the local medical society. Ultimately, both the trial court and the Delaware Supreme Court refused to apply the fair-report privilege and, at trial, a jury concluded that the article was false and defamatory and awarded Kanaga $2.6 million in compensatory damages and $260,000 in punitive damages. The court noted that the Medical Society's review of Kane's complaint was "subject to an aura of confidentiality for the benefit of both the physician and the patient." Therefore, the court concluded its review was not the kind of government proceeding that such a privilege is designed to protect. www.gannett.com /go/newswatch/2000/june/nw0609-5.htm   (606 words)

[No title] The Supreme Court of Delaware held that Delaware is not a "weighing state" and wrote: While the jury in Delaware is told to weigh and consider certain circumstances, the fact that they are not told how to weigh them and that this "weighing" occurs at the discretionary stage, renders defendant's argument meaningless. On direct appeal, the Supreme Court of Delaware considered whether Bailey's death sentences had to be vacated because the jury had found the existence of one invalid statutory aggravating circumstances (i.e., that the murders were "outrageously or wantonly vile, horrible, or unhuman"). Agreeing with the Supreme Court of Delaware that Delaware is a "non-weighing state" and that Zant is the governing precedent, the district court held that the Bailey jury's finding of a single invalid statutory aggravating circumstance did not require the reversal of Bailey's death sentence. vls.law.vill.edu /locator/3d/Oct1995/95a1186p.doc   (11509 words)

Civil Rights: Brown v. Board of Education I (1954) In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. , on certiorari to the Supreme Court of Delaware, argued December 11, 1952, reargued December 9, 1953. www.nationalcenter.org /brown.html   (1917 words)

FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code This Court vacated the District Court's judgment and remanded the case for the purpose of obtaining the court's views on a report filed by the defendants concerning the progress made in the equalization program. The court found the Negro school inferior in physical plant, curricula, and transportation, and ordered the defendants forthwith to provide substantially equal curricula and transportation and to "proceed with all reasonable diligence and dispatch to remove" the inequality in physical plant. The Chancellor's decree was affirmed by the Supreme Court of Delaware, which intimated, however, that the defendants might be able to obtain a modification of the decree after equalization of the Negro and white schools had been accomplished. caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=347&invol=483   (4256 words)

Delaware Supreme Court Justices To Visit UI College Of Law Two justices of the Delaware Supreme Court will be in Iowa City in March to meet with students and deliver lectures at the UI College of Law. "Delaware has the most highly developed system of governance law, and since a corporation's governance is determined by the state in which it's chartered, many of them are chartered in Delaware. Hines said the UI-Delaware relationship extends to lower courts, as well, as several judges from the Delaware court system have visited the law school through the years. www.uiowa.edu /~ournews/2003/march/030303justices-visit.html   (526 words)

Short History of the Delaware Chancery Court   (Site not responding. Last check: 2007-10-10) The 200th Anniversary of the Court of Chancery of the State of Delaware is testimony to the Court's ability to adapt principles of equity developed centuries ago to ever-changing economic circumstances and legal relationships. Thus, primitive equity was used in colonial Delaware as a means of royal power to reflect natural justice as seen by the Governor and as a means to control both at the appeal level and at the local level the erratic swings of the jury. The Court's willingness to devote its careful attention to and ability to provide justice in simple cases involving ordinary people is as important a justification for its survival as a court of equity as its capacity to decide corporate disputes. corporate-law.widener.edu /shorthis.htm   (16739 words)

Supreme Court of Delaware Decision (July 24, 2002) -- United Phosphorus v. Micro-Flo   (Site not responding. Last check: 2007-10-10) The District Court granted the motion on September 29, 2000, and the Third Circuit Court of Appeals affirmed the District Court decision on November 6, 2001. The Delaware State Action, whether it is considered to be “one” with the Federal Action or not/8/, certainly is a continuation of the viable claims from the Federal Action. Based on the foregoing, the decision of the Superior Court granting Micro Flo’s motion to dismiss or stay is reversed and this matter is remanded for further action in accordance with this opinion. www.pestlaw.com /x/courts/unitedphosphorus20020724.html   (1634 words)

SignOnSanDiego.com > News > Technology -- Delaware Supreme Court rules in favor of anonymous blogger in ... DOVER, Del. – The Delaware Supreme Court rejected a town councilman's quest to find out who posted obscenity-laden tirades about him on the Internet, saying free speech concerns outweighed the politician's argument that he was defamed. In June, the lower court ruled that Cahill had established a "good faith basis" for contending that he and his wife were victims of defamation, and it affirmed a previous order for Comcast Cable Communications to disclose the bloggers' identities. The Delaware court was the first state Supreme Court in the nation to consider the question of naming anonymous bloggers. www.signonsandiego.com /news/computing/20051006-1001-bloggerlawsuit.html   (412 words)

Delaware Supreme Court Justice Visits UI College Of Law Myron Steele, an associate justice on the Delaware Supreme Court, visited the University of Iowa College of Law Thursday to discuss corporate governance legal issues with faculty and students and to give the keynote speech at the Journal of Corporation Law's annual banquet. Steele's visit is part of an informal arrangement between the UI law school and the Delaware Supreme Court in which a court justice visits campus every spring. Hillary Sale, a professor of law, said the Delaware Supreme Court is perhaps the most important legal institution in determining how American corporations are led and governed. www.uiowa.edu /~ournews/2004/february/022704steele.html   (223 words)

LinuxElectrons - Delaware Supreme Court Protects Anonymous Blogger   (Site not responding. Last check: 2007-10-10) The Delaware Supreme Court disagreed, noting that substantial harm may come from allowing a plaintiff to compel the disclosure of an anonymous defendant's identity with a weak or trivial claim. Instead, the Court required a stricter standard: the plaintiff must (1) make reasonable efforts to notify the defendant; and (2) provide facts sufficient to defeat a summary judgment motion (i.e., submit enough evidence to show the Court that the case was strong enough to proceed to trial). The Court held that the plaintiffs had not shown that statements made by Proud Citizen met this test, in large part because they were likely to be seen by the Internet audience as statements of opinion. www.linuxelectrons.com /article.php/20051006193034180   (403 words)

Ideoblog: The Delaware Supreme Court affirms the internal affairs rule The Delaware Supreme Court, in affirming the Chancellor, dealt with both the constitutionality and race to the courthouse points. The Court also could insist on its creature-of-state-law analysis and refuse to analogize corporate and non-corporate contracts, even to the point of invalidating a state law selected by a choice-of-law clause outside the corporate governance context. The Examen opinion confronts the US Supreme Court with the need to clarify not only whether the internal affairs rule is constitutionally compelled under the negative commerce clause, but the more general question of enforceability of contractual choice of law, as indicated by the above list of issues. busmovie.typepad.com /ideoblog/2005/05/the_delaware_su.html   (1191 words)

Delaware Supreme Court Justice Holland is the youngest person to serve on the Delaware Supreme Court, having been recommended to the Governor by a bipartisan merit selection committee. The award was presented to Justice Walsh by Chief Justice E. Norman Veasey of the Delaware Supreme Court. The Reardon Award, named after the late Massachusetts Supreme Court justice who was the first president of The National Center's Board of Directors, is presented to a person who has made outstanding contributions to the improvement of the justice system and who has supported the mission of The National Center. carper.senate.gov /newspaper/justicerandyhollandbeginssecondtermaspresidentofinnscourt.htm   (699 words)

Information about the Supreme Court of Delaware The highest Court in the State of Delaware is the Delaware Supreme Court. The Delaware Supreme Court handles the appeals of cases from the lower Courts. There are offices for the Delaware Supreme Court in all three Delaware counties. www.delawoffice.com /supreme.html   (152 words)

Website: Wilson Sonsini Goodrich & Rosati - Delaware Supreme Court Declares "Quasi-California Corporation" Statute ... In so holding, the Chancery Court rejected VantagePoint's argument that Section 2115, which would have required stockholders to vote as a separate class, did not conflict with Delaware law's mandate that the merger be authorized by a majority of all stockholders voting as a single class. Because the Chancery Court determined that the issue was one of choice of law, it did not address the constitutionality of Section 2115. The Delaware Supreme Court's decision effectively to declare a California statute unconstitutional also may spark interest from the United States Supreme Court to again weigh in on the constitutional underpinnings and "imperatives" of the internal affairs doctrine. www.wsgr.com /WSGR/Display.aspx?SectionName=publications/PDFSearch/clientalert_vantagepoint.htm   (489 words)

gebhartvbelton The judgment of the Court of Chancery is affirmed. Upon the authority of applicable decisions of the Supreme Court of the United States the Chancellor resolved the first question in the negative. court below, in effect commanding the defendants to admit the plaintiffs to the Claymont school, was rightly awarded. www.english.udel.edu /jdel/gebhartvbelton.html   (9142 words)

1962 US Supreme Court Ruling - Engel vs Vitale 370 US 421 Shortly after the practice of reciting the Regents' prayer was adopted by the School District, the parents of ten pupils brought this action in a New York State Court insisting that use of this official prayer in the public schools was contrary to the beliefs, religions, or religious practices of both themselves and their children. The judgment of the Court of Appeals of New York is reversed and the cause remanded for further proceedings not inconsistent with this opinion. For the state courts have made clear that those who object to reciting the prayer must be entirely free of any compulsion to do so, including any "embarrassments and pressures." Cf. www.wakeupamerica.org /html/1962Supreme.html   (7841 words)

McDermott - Newsletters - Delaware Supreme Court Decision in Omnicare, Inc. v. NCS Healthcare, Inc. The Court of Chancery held that the plaintiffs failed to establish a reasonable probability of success on the merits of their claims for a variety of reasons: First, the Court of Chancery held that the plaintiffs failed to show that the defensive provisions of the merger agreement coupled with the voting agreements violated the standard set forth in Unocal Corp. v. Mesa Petroleum Co.  They were found to be preclusive, coercive or unreasonable in relation to the threat posed.  Second, the court held that the duty under Revlon, Inc. v. www.mwe.com /index.cfm/fuseaction/publications.nldetail/object_id/d011abe0-85fd-4526-8898-550cb424ad33.cfm   (144 words)

Techdirt:Delaware Supreme Court Protects Anonymous Blogging... Sort Of It's likely that many in the blogging world are going to overreact positively to the news that the Delaware Supreme Court has ruled in favor of an anonymous blogger, protecting his identity against defamation charges from a local politician. First, it's obviously a state Supreme Court, so the it doesn't cover beyond the state of Delaware. While the blogger's lawyer hit on the relevant point that the standard for defamation may be somewhat different on blogs, as more readers don't consider them "credible" sources, that doesn't appear to be the point that the court ruled on. techdirt.com /articles/20051005/2351250_F.shtml   (266 words)

Federal Judges from the District of Delaware and Delaware Supreme Court Justices Federal Judges from the District of Delaware and Delaware Supreme Court Justices U.S. Bankruptcy Court for the District of Delaware U.S. District Court for the District of Delaware www-camlaw.rutgers.edu /cservices/dde&desupreme.htm   (116 words)

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