The attorneys at Fox Rothschild have first-hand knowledge of the fact that the Deleware state court system is reknowned for its fairness and fascinating docket, which is why they’ve created the Delaware Trial Practice Blog. With offices in Wilmington, Delaware, and throughout the Northeast, the firm is well positioned to examine the various cases and disputes that come through the state’s courts. The blog is updated by three Fox Rothscild lawyers, Jason Cornell, Seth Niederman, and Leslie Spoltore, with a wealth of litigation experience in Deleware.
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In a March 15, 2012 Letter Opinion by Judge Parkins, the Superior Court confirmed that out of state attorneys must be admitted pro hac vice in order to take a deposition in a Delaware matter (a copy of the Letter Opinion can be found here). The Opinion arises out of a motion for nunc pro tunc, pro...
Superior Court Grants Motion For Summary Judgment When Plaintiff Fails To Provide Its Expert Report As Required By The Case Scheduling Order
Nationwide Mutual Fire Insurance Company (“Plaintiff”) paid insurance coverage expenses totaling $450,346.27 after Jeanette Baker’s house in Selbyville, Delaware was destroyed in a fire in December 2008 when a heater malfunctioned. Plaintiff then brought an action against...
The Delaware Superior Court, in Bac Home Loans Servicing v. Brooks (C.A. No. 09L-12-117-PLA) (Ableman, J.), issued an order on February 2, 2012 (the “Order”) denying defendant Alicia Brooks’s Motion for Recusal (the “Motion”). Read full Order here. Defendant...
We recently posted on the Delaware Judiciary 2011 Annual Report and Chief Justice Steele's call for additional funding to support the growing caseload of the Delaware Judiciary. The News Journal now reports that the Judiciary has asked for funding to support two additional Superior Court...
Kathleen Martin (“Mother”) appealed a Family Court order that prospectively awarded primary custody of her child to Jack Martin (“Father”) from and after the date on which the parties’ child begins kindergarten. The child will be 5 years old in May 2012 and is...
Many women change their last name when they get married. If the marriage ends in divorce, many women resume their maiden or former name. The Internal Revenue Service recently released a Publication reminding married and divorced women that if they do not take the necessary steps to...
The Delaware Judiciary recently issued its 2011 Annual Report. Included in the Report is a Message from Chief Justice Steele detailing the overall state of the Delaware Judiciary. In addition to commending each Court on achievements during 2011, Chief Justice Steele...
With tax season rapidly approaching, many parents are contemplating the dependent child exemption. Under Internal Revenue Code Section 152(e), the custodial parent is granted the dependency exemption for federal tax purposes unless the custodial parent executes a waiver allowing the non-custodial...
In the past two weeks, the Delaware Superior Court has denied two motions for reargument pursuant to Rule 59(e). It is clear, based on the court’s orders, that a motion for reargument will not be granted if it simply reiterates the same arguments that were already rejected by the court. ...
House Bill 147, which became effective on January 1, 2012, modifies the process set forth in Title 10 of the Delaware Code regarding expungement of juvenile records of arrest and adjudications of delinquency. The synopsis attached to the Bill explains its purpose and effect as follows: This...