Delaware judicial news

From Judgepedia

News about or affecting the judiciary in Delaware.

Delaware bankruptcy court blocks British pension authorities

Delaware: The Delaware Bankruptcy Court has blocked an action by British pension authorities by issuing a ruling giving Nortel Networks the option to ignore a bid from the British Pensions Regulator. The pension authorities sought to start an action against Nortel seeking payment of an unfunded liability against the financially insolvent company’s global assets. Bankruptcy court judge Kevin Gross issued the order saying that the British Pensions Regulator must follow U.S. bankruptcy rules due to their acceptance of U.S. jurisdiction when filing claims. This means that the pension regulators must follow a U.S. court ruling that blocks lawsuits and other claims while Nortel is under bankruptcy protection.^[1]

Death penalty declared "constitutional in Delaware

Dover, Delaware: The 3rd U.S. Circuit Court of Appeals ruled on Monday, February 1, that the state of Delaware can lift its stays on executions that have been in place since 2006. The debate was started by inmates on death row who challenged whether or not the state met constitutional execution requirements based on past mistakes by the state in hadle executions. The court did, however, affirm some of the inmates worries by warning the state that the court expect an improvement in the way they handle death row punishments.^[1][2]

Federal Delaware judge announces retirement

Wilmington, Delaware: Judge Joseph J. Farnan Jr., a judge for the District of Delaware sent a letter of resignation to the Obama administration on Wednesday, January 27, announcing his plans to retire on July 31. Farnan is Delaware's longest serving federal judge.^[1]

State of Delaware sues doctor

Delaware: The Delaware Department of Justice has brought civil racketeering suit against Dr. Earl Bradley, a pediatrician who ran BayBees pediatrics in Lewes. Bradley has been charged with over 30 charges of rape and child exploitation, he faces life in prison. The suit was filed so that the court could preserve Bradley's assets so that victims may receive compensation.^[1]

Court of Chancery seeks new judge

Delaware: The Vice Chancellor of the Delaware Court of Chancery, Stephen Lamb, announced in March that he will not be seeking a second term. The Judicial Nominating Commission of Delaware is seeking applicants to fill the position. Commission Chairman Michael Parkowski is expecting 10-12 applicants for the position. The Commission will narrow the options to three candidates. Those candidates will go to Governor Jack Markell in August, at which point he will nominate one of them. The Delaware Senate will next vote on his nomination.

The position is open to any Delaware citizen who has passed the state bar exam, however, all applicants must be Republican in order to meet the mandated political balance of the court. Applications are due July 15, 2009. ^[1]

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