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/
A lawyer is evaluating whether several Delaware and federal trial-court rulings can be appealed immediately before the rest of the case proceeds. Which ruling is immediately appealable as of right? The federal order gran...
Citations: 28 U.S.C. § 1292(a)(1), Del. Supr. Ct. R. 42
...sidy "shall be paid" to applicants who meet listed income, residency, and disability criteria. An applicant meeting those criteria is denied without a hearing. How should a court evaluate the threshold property-interest...
Citations: https://supreme.justia.com/cases/federal/us/408/564/
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/
A candidate challenges a ballot-access rule that applies only during a 45-day election window. The election ends before appellate review is complete. The candidate states that she will run for the same office in the next...
Citations: Southern Pacific Terminal Co. v. ICC, Weinstein v. Bradford, Federal Election Commission v. Wisconsin Right to Life, Inc.
...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/
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered graphic proof with modest probative value and serious prejudice risk. A part...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A prosecutor offered a prior incident to prove intent but argued propensity in substance. A...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A prosecutor offered a prior incident to prove intent but argued propensity in substance. A...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered a text message to prove both notice and the truth of the matter asserted. A...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A witness offered an opinion based partly on observation and partly on specialized training...
Citations: Federal Rules of Evidence
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