Intelligize Blog

MARCH 26, 2025

For a state small in population and size, Delaware has surprisingly many claims to fame. Constitution before the others in 1787, former President Joe Biden and his family have called Delaware home for decades. But Delaware may be best known as the preeminent place for businesses to incorporate since the early 1900s.

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Strictly Business

FEBRUARY 19, 2018

LLCs and LPs are very flexible entities, especially those formed in Delaware. Just about any provision of the state LLC and LP statutes in Delaware can be overridden by the entity’s governing agreement, including those pertaining to fiduciary duties. Corporations also require the observance of more legal formalities.

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Conflict of Laws

OCTOBER 29, 2021

First , internal affairs of corporations tend to be excluded by the various international statutes aiming to harmonise the applicable law rules. [3] I have tackled these (and other) matters in my recent article published in the 45 (3) Delaware Journal of Corporate Law 469-530 (2021) [link]. [1] L 199) 40 (EC), art 4 (1). [2]

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FDA Law Blog

FEBRUARY 5, 2023

AstraZeneca won in the District of Delaware, while Sanofi Aventis and Novo Nordisk lost at the District of New Jersey. Both courts found the statute to be ambiguous, but only the Delaware court vacated HRSA’s penalties; the New Jersey court remanded the issue to HRSA. The outcomes were almost evenly split.

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Constitutional Law Reporter

NOVEMBER 1, 2022

Below is a brief summary of the cases before the Court: Delaware v. McDonough: The case involves whether the doctrine of equitable tolling applies to a statute governing veteran benefits. The justices will decide two questions: (1) Whether the rebuttable presumption of equitable tolling from Irwin v.

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Patently O

JULY 16, 2024

Chief Judge Connolly of the District of Delaware had initiated an inquiry into dozens of patent infringement cases filed by plaintiff LLCs associated with IP Edge, a patent monetization firm, and Mavexar, an affiliated consulting shop. But LaPray is in Texas, nowhere near Delaware. Canary Connect, Inc. , Chief Judge Colm F.

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FDA Law Blog

SEPTEMBER 29, 2021

Manufacturers may choose not to participate in this program, but the federal government will not reimburse for their outpatient drugs under Medicaid or Medicare Part B if they do not. A 2018 report by the Government Accountability Office (“GAO”) found similar issues, as well as contract pharmacy noncompliance and poor federal oversight.

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Patently O

JANUARY 3, 2024

District Court for the District of Delaware. Still, the courts disagreed and found the patents to be covered by the agreement and thus transferred the case to Delaware. Ordinarily, interlocutory judgments cannot be immediately appealed, but the statute covering appellate jurisdiction has a major exception that applies here.

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FDA Law Blog

MARCH 5, 2024

By Faraz Siddiqui — Last Friday, the Delaware District Court rejected AstraZeneca’s lawsuit against the Medicare Drug Price Negotiation Program enacted under the Inflation Reduction Act (IRA) and CMS’s guidance implementing it. contradicts the plain text of the statute and therefore must be set aside.” Opinion at 17. see also 42 U.S.C.

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Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. By that date, radio stations in Delaware and Pennsylvania must file a license renewal application.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Nissan announced that day that it would work with California and the federal government to establish “common-sense” national standards. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. BP p.l.c. ,

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SCOTUSBlog

MARCH 6, 2025

But based on intervening statutory enactments that make the 20-year period run from release from prison rather than entry of judgment, the government continues to seek restitution payments from Ellingburg. That period has long since passed for Ellingburg. I rate the odds of a grant in one or both cases high. Relisted after the Feb.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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SCOTUSBlog

JUNE 14, 2022

Delaware v. 3): Whether unclaimed checks issued by MoneyGram Payment Systems should be returned to Delaware, where the company is headquartered, or instead are “money orders” or “similar written instruments” that under federal law should go to the states where they are purchased. Pennsylvania (Oct. Goertz (Oct.

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Conflict of Laws

MAY 12, 2022

If people want less free speech, they will ask government to pass laws to that effect. Twitter, Inc is incorporated in Delaware, and has various subsidiaries around the world; Twitter International Company , for example, is incorporated in Ireland and responsible as data controller for users that live outside of the United States.

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SCOTUSBlog

JUNE 3, 2022

They ask that the justices require the government to file its opposition brief within 30 days without extension so that the justices could hear the argument at its first sitting in October 2022. government has not disputed is Turkey for jurisdictional purposes. Also on Jan. In contrast, according to Halkbank’s petition, the U.S.

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JonathanTurley

SEPTEMBER 4, 2023

For example, one message concerning Ukraine also mentioned his plans to go to Delaware. Moreover, the request of Congress followed the discovery that staffers had used Biden’s fake government account, Robert.L.Peters@pci.gov, to send a message about meeting then-Ukrainian president Petro Poroshenko with a cc to Hunter Biden.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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SCOTUSBlog

DECEMBER 10, 2024

These were the days before Elon Musks tiff with a Delaware judge raised the prospect of the federalization of corporate law.) The basic problem before the court on Wednesday is that there is a Supreme Court case pretty closely on point United States v.

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The Crime Report

JULY 7, 2021

Different Voices, Different Interpretations. “ ‘Defund the police’ means reallocating or redirecting funding away from the police department to other government agencies funded by the local municipality,” writes University of Maryland sociologist Rashawn Ray in a June 2020 Brookings Institution blog post. It’s that simple.”.

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JURIST

FEBRUARY 4, 2025

The order follows a temporary restraining order by a Delaware district court in response to a now-revoked memorandum from the Office of Management and Budget (OMB) seeking to initiate a federal budgetary freeze until compliance with a slate of recent executive orders by federal agencies was achieved. and spending powers under Amendment 1.8,

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ClimateChange-ClimateLaw

MARCH 19, 2025

3] Best interests of the corporation is further defined to include the following factors: (a) the interests of shareholders, employees, retirees and pensioners, creditors, consumers, and governments; (b) the environment ; and (c) the long-term interests of the corporation. [4] 5] Approximately two-thirds of U.S.

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At the Lectern

DECEMBER 14, 2023

Superior Court , a shareholder lawsuit, after the Fourth District, Division One, Court of Appeal, in a published opinion , refused to enforce Delaware forum selection provisions in the defendant company’s certificate of incorporation and bylaws. Government employment grant-and-hold. The court granted review in EpicentRx, Inc.

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SCOTUSBlog

JANUARY 14, 2022

Yellen addresses the Constitution’s allocation of taxing authority between the federal and state governments. McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of its compliance with Georgia’s registration statute for foreign corporations. New York v.

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JonathanTurley

JANUARY 15, 2024

When pressed on his lack of credentials for the position, Democratic Senator Tom Carper of Delaware quipped that “ Hunter Biden has spent a lot of time on Amtrak trains.” When things got legally difficult, Hunter could count on government guardians. In a sense, his family is the government.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Delaware v. California v. 19-17480 (9th Cir. County of Maui v. Sunoco LP , No.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Delaware v. 20-783 (U.S. BP America Inc. ,

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JonathanTurley

JUNE 5, 2024

At one point, he claimed that the government must fulfill a prior dead plea agreement. At another, he adopted an argument of the National Rifle Association challenging the underlying statute. Unlike Donald Trump in Manhattan, Delaware is Biden country. In the interim, Lowell has brought a litany of challenges.

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JonathanTurley

FEBRUARY 21, 2024

.” He argues that DOJ regulations instruct the attorney general to appoint a special counsel from outside the government, but Weiss was working as U.S. attorney for Delaware.

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ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. First, the Supreme Court concluded that the statute requiring Commission approval of affiliated-interest agreement did not require environmental review. Delaware v. Anne Arundel County v. BP p.l.c. , C-02-CV-21-000565 (Md.

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ClimateChange-ClimateLaw

MARCH 9, 2021

in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. Delaware Chancery Court Ordered Company to Allow Inspection of Records Related to Clean Energy Claims. The court directed the parties to file motions to govern future proceedings by June 23, 2021.

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Above The Law

APRIL 7, 2025

More than 500 law firms and 300 retired judges asked for leave to file two amicus briefs condemning Trumps order stripping security clearances from and severing government ties with the major law firm, which previously did work for Democrats. Court of Appeals suspended him in June after his conviction on three federal gun charges in Delaware.

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JonathanTurley

JUNE 15, 2023

The Trump indictment details alleged efforts to conceal documents, obstruct the investigation and lie to the government. to his home and his garage in Delaware. Lying to investigators is itself a federal crime — removing any questions over statutes of limitation.

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JURIST

MARCH 14, 2025

The Attorney Generals (AGs) for Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Washington DC and Wisconsin filed the complaint in a Massachusetts District Court.

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