A Pennsylvania patient sued a Delaware physician in federal court in Wilmington, invoking diversity jurisdiction and alleging Delaware medical negligence. Delaware law requires a plaintiff in a health-care negligence act...
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, Gasperini v. Center for Humanities, Inc.
...ersity action in the United States District Court for the District of Delaware against the executor of a Delaware estate, alleging that the decedent negligently designed a warehouse loading platform in Wilmington. The pl...
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, Fed. R. Civ. P. 4, 28 U.S.C. section 2072
...ederal Rule of Civil Procedure directly answers a disputed issue in a Delaware diversity case. The opposing party argues the Federal Rule cannot apply because a different Delaware litigation rule would change the result...
Citations: 28 U.S.C. section 2072
In a federal civil case in the District of Delaware, the court announced a final decision on March 1 and entered a detailed memorandum opinion and order on the docket, but it did not enter a separate Rule 58 judgment. No...
Citations: Fed. R. App. P. 4(a)(1), 4(a)(7), Fed. R. Civ. P. 58
A New Jersey company won a Delaware-law trade secret verdict in the District of Delaware against a Delaware competitor. The jury awarded $9 million in compensatory damages. Delaware law allows a trial judge to disturb a...
Citations: Erie Railroad Co. v. Tompkins, Gasperini v. Center for Humanities, Inc., Fed. R. Civ. P. 59
A Virginia investor filed a diversity fraud action in the District of Delaware against a Delaware corporation two days before Delaware's limitations period expired. The complaint was filed on time under federal filing pr...
Citations: Erie Railroad Co. v. Tompkins, Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
A Delaware civil appeal raises several issues: whether the complaint stated a claim as a matter of law, whether the jury had enough evidence to find causation, whether a discovery sanction was too harsh, and whether the...
Citations: Delaware and federal appellate standard-of-review doctrine
...severe shortage of semiconductor chips threatens military procurement and civilian supply chains. Congress enacted a statute authorizing the President to buy chips for federal agencies and to prioritize military contract...
Citations: https://supreme.justia.com/cases/federal/us/343/579/, https://supreme.justia.com/cases/federal/us/453/654/
In a Delaware diversity action, the plaintiff serves a defendant in a way permitted by Federal Rule of Civil Procedure 4 but not by a Delaware statute requiring a more formal method of service for the same kind of defend...
Citations: Hanna v. Plumer, Fed. R. Civ. P. 4, 28 U.S.C. section 2072
In a federal civil case in the District of Delaware, the trial judge signed a written final judgment for the plaintiff on Monday. The clerk did not enter the judgment until Friday. On Wednesday, after the judge signed th...
Citations: Fed. R. App. P. 4(a)(2)
A former President is indicted in federal court for bribery and obstruction. Prosecutors subpoena recordings of Oval Office meetings from his term between the then-President and senior aides. The former President asserts...
Citations: https://supreme.justia.com/cases/federal/us/418/683/, https://supreme.justia.com/cases/federal/us/457/731/, https://supreme.justia.com/cases/federal/us/520/681/, https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
...two sets of conduct: firing a federal official after a policy dispute and, years before taking office, breaching a private real-estate contract. The President asserts absolute civil immunity from both claims. Which state...
Citations: https://supreme.justia.com/cases/federal/us/457/731/, https://supreme.justia.com/cases/federal/us/520/681/
...a Safety Board to investigate privacy violations, issue binding cease-and-desist orders, and impose civil penalties. The statute provides that two board members are selected by the Speaker of the House, two by the Senate...
Citations: https://constitution.congress.gov/browse/essay/artII-S2-C2-3-1/ALDE_00013092/, https://supreme.justia.com/cases/federal/us/585/17-130/, https://supreme.justia.com/cases/federal/us/561/477/, https://supreme.justia.com/cases/federal/us/591/197/
...ederal Grants who audits recipients, issues binding repayment orders, and brings civil enforcement actions. The statute allows the House and Senate Appropriations Committees acting together to remove the Inspector for po...
Citations: https://supreme.justia.com/cases/federal/us/478/714/
...tute requires ride-share companies to obtain a local operating permit and limits peak-hour fares during declared transit emergencies. The legislature said the statute protects riders from sudden price spikes and helps ci...
Citations: https://supreme.justia.com/cases/federal/us/348/483/, https://supreme.justia.com/cases/federal/us/517/559/, https://supreme.justia.com/cases/federal/us/538/408/
...ovide that a permanent building inspector may be fired only for cause and may appeal a termination to the civil service board. Leo, a permanent inspector, was accused of taking bribes from contractors. His supervisor cal...
Citations: https://supreme.justia.com/cases/federal/us/470/532/, https://supreme.justia.com/cases/federal/us/408/564/, https://supreme.justia.com/cases/federal/us/424/693/
...ey Medical Center is a privately owned hospital. It receives Medicare and state grant funds, is heavily regulated, and holds a state license. The state contracts with Valley to provide emergency psychiatric holds for cou...
Citations: https://supreme.justia.com/cases/federal/us/457/830/, https://supreme.justia.com/cases/federal/us/457/991/, https://supreme.justia.com/cases/federal/us/487/42/
...unds. Analyze Diego's arguments and likely remedies. This essay tests Delaware and federal speedy-trial analysis, including Barker factors and dismissal authority for undue delay. Delaware Superior Court Criminal Rule 48...
Citations: Delaware Superior Court Criminal Rule 48(b), Barker v. Wingo, Doggett v. United States, People v. Engram
...has five members appointed by the President with Senate confirmation and removable by the President only for cause. The statute also creates a single Enforcement Director, appointed by the Commission, who may issue subp...
Citations: https://supreme.justia.com/cases/federal/us/487/654/, https://supreme.justia.com/cases/federal/us/591/19-7/, https://supreme.justia.com/cases/federal/us/561/477/, https://www.supremecourt.gov/opinions/24pdf/24-316_869d.pdf
...state prejudgment attachment statute. A court clerk issues the writ, and the sheriff freezes the debtor's bank account before any hearing. The debtor sues the creditor under Section 1983. What is the best state-action a...
Citations: https://supreme.justia.com/cases/federal/us/457/922/
...ed. The owner sues the finance company under the Fourteenth Amendment and 42 U.S.C. Section 1983, alleging deprivation of property without due process. The company argues that it is private and that the police merely kep...
Citations: https://supreme.justia.com/cases/federal/us/457/922/, https://supreme.justia.com/cases/federal/us/398/144/, https://supreme.justia.com/cases/federal/us/334/1/
...to file monthly reports identifying each host, address, rental date, and amount paid. A platform that refuses to report faces civil penalties of $5,000 per day. StayHub operates in City, has received a written enforceme...
Citations: Lujan v. Defenders of Wildlife, TransUnion LLC v. Ramirez, Federal Election Commission v. Akins, FDA v. Alliance for Hippocratic Medicine
...rokers to disclose specified customer records to a state agency on demand. The agency served DataCo with an enforcement order requiring compliance within 30 days and threatening daily civil penalties. DataCo sued the age...
Citations: U.S. Const. art. III, Hayburn's Case, Aetna Life Insurance Co. v. Haworth
USABarPrep Coach