Constitutional Law Reporter

APRIL 11, 2023

In Delaware v. Delaware claims it has the power to escheat the proceeds of two financial products sold by banks on behalf of MoneyGram: Agent Checks and Teller’s Checks (collectively, Disputed Instruments). The post Delaware Loses Bid to Keep Uncashed MoneyGram Checks appeared first on Constitutional Law Reporter.

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Paralegal Bootcamp

MARCH 18, 2022

We’re up against statutes and tight deadlines, so when you get a file early on you should try to take advantage of it. In Delaware, if my client has $12,500 in bills, I can send the bills and records to the adjuster and request that they disclose their policy limits. Get involved early on. This was a game-changer! See 21 Del.

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Paralegal Paralegals Personal Injury Real Estate 246

SCOTUSBlog

MARCH 6, 2025

Delaware, like many states, has enacted an affidavit of merit law that requires medical-malpractice plaintiffs, in conjunction with filing a complaint, to file an affidavit signed by an expert or the plaintiffs attorney attesting to their belief that the case is meritorious. I rate the odds of a grant in one or both cases high.

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Above The Law

JANUARY 28, 2025

Sometimes, that lack of focus can come back to create problems, as a recent District of Delaware decision points out — to the chagrin of a branded pharmaceutical company that sought to enforce a settlement agreement that they had thought was a done deal. (As

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Drafting Litigation Litigating Depositions 109

Paralegal Bootcamp

JUNE 1, 2023

I’m talking about the kind of faith you hold on to at 2 am when you wake up from a dead sleep wondering if you blew a statute or not. She is a Delaware native and graduated from the University of Delaware with a bachelor’s degree in criminal justice.

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Paralegal Paralegals Paralegal Certificate Real Estate 246

SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. TitleMax of Delaware, Inc. However, the U.S.

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Government Statute Cause of Action Entertainment 106

JonathanTurley

OCTOBER 11, 2021

However, the Delaware River Waterfront Corporation, a nonprofit that manages the park, and America 500 Anniversary Corporation, have an agreement with the city that they insist was violated by Kenney’s actions.

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Law 360

MARCH 28, 2025

As a growing number of companies and their general counsel consider moving their incorporation out of Delaware, the state's governor has quickly signed into law a measure revising its corporation statutes, though there are still critics.

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Statute Legal Legal Laws 52

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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Statute Legal Legal Government 93

Mondaq

AUGUST 9, 2021

The author of this post represented the prevailing appellants in the Murfey appeal.

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Statute 40

Paralegal Bootcamp

MAY 4, 2023

We are multi-tasking masters of drafting documents, researching new or updated statutes and codes, and answering client phone calls all at the same time. Time management is everything when you have deadlines and statutes, or if you have an extra heavy case load. Screen emails as they come in Paralegals have to be on it, right?

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Paralegal Paralegals Personal Injury Real Estate 130

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.

Calendaring 101

Calendaring Statute Court Litigating 101

Patently O

JULY 1, 2021

The statute: For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented. But, the defendants argued that N.D.Cal. Thus, no proper venue.

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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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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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Statute Stare Decisis Court Manufacturing 106

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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Statute Government Contract Legal 52

The IP Law Blog

NOVEMBER 17, 2022

In support of its motion, Monolithic argued venue is improper in the Western District of Texas because Monolithic is a Delaware corporation; it does not own or lease property in the Western District of Texas, and the homes of the four remote employees in the district do not “constitute a ‘regular and established place of business’ of Monolithic.”.

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Work From Home Litigating Litigation Statute 98

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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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.

Contract 64

Contract Court Statute Court Decisions 64

Broadcast Law Blog

FEBRUARY 6, 2011

The FCC's auction of new VHF TV channels in New Jersey and Delaware (about which we have written many times including here) has resulted in only three qualified bidders.

Construction 45

Construction Statute Education 45

Patently O

FEBRUARY 21, 2022

The statute provides two different ways for finding proper venue. In this case though, the defendants are incorporated in NY and Delaware. Might have been Brought : Section 1400(b) defines proper venue for patent cases. First , state of incorporation.

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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. Arellano v. The justices will decide two questions: (1) Whether the rebuttable presumption of equitable tolling from Irwin v.

Constitutional Law 52

Constitutional Law Statute Court Government 52

FDA Law Blog

SEPTEMBER 29, 2021

HRSA based its opinion on the statute and agency precedents over the last 25 years. On June 16, 2021, the District Court of Delaware issued a memorandum opinion denying HRSA’s motion to dismiss AstraZeneca’s case, finding that the Advisory Opinion was based on faulty legal grounds. Becerra , No. 1:21-cv-00027-LPS, 2021 WL 2458063 (D.

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Patently O

SEPTEMBER 5, 2023

This statute limits the locations where patent infringement lawsuits can be filed. Charter is a Delaware company and does not operate its own retail stores in the Eastern District.

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Statute Court Legal Legal 72

FDA Law Blog

OCTOBER 6, 2021

When HRSA threatened enforcement action and penalties, several companies sued the HHS in federal district courts in Maryland, Indiana, Delaware, New Jersey, and the District of Columbia to enjoin those enforcement actions (see list below). Because of concerns that these contract pharmacies, which include some of the largest chains in the U.S.,

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Manufacturing Contract Statute Court 52

Patently O

AUGUST 2, 2021

Both SITO and Hulu are Delaware companies with Hulu headquartered Santa Monica and SITO in New Jersey (although SITO is currently going through Chapter 11 reorganization bankruptcy). Sito Mobile (SITO) sued Hulu in the Western District of Texas (Waco), alleging infringement of seven of its patents. Patent Nos.

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At the Lectern

SEPTEMBER 16, 2022

Division One ruled against enforcing a Delaware forum selection clause because the clause included a predispute jury waiver and because “California has a fundamental policy against such a waiver,” a policy that “could be violated if [the case] were heard in Delaware.” Covid statute of limitations.

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Court Statute Cause of Action Laws 56

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

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Patently O

JUNE 21, 2024

The case concerns the interplay between the Patent Term Adjustment (PTA) statute, 35 U.S.C. § The brief states: “IPO believes that the Federal Circuit should have started (and ended) its analysis with the statute.” Vidal , No. 154(b), and the judicially-created doctrine of obviousness-type double patenting (ODP).

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Patently O

SEPTEMBER 20, 2022

In the face of evolving technology that redefines the potential of inventorship, the panel failed to interpret the statute “in light of [the] basic purpose” of the Patent Act. Judge Stark was previously a district court judge in Delaware for more than a decade. Quoting Twentieth Century Music Corp. Aiken , 422 U.S.

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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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Government Legal Legal Statute 59

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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ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. In Delaware v. Delaware filed a motion to remand to state court (November 20). and County of San Mateo v. Chevron Corp. have concluded.

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JonathanTurley

JUNE 12, 2024

Below is my column in the New York Post on the conviction of Hunter Biden in Delaware and how his nullification strategy may have backfired. Here is the column: The conviction of Hunter Biden on all of the federal gun counts created a surprising new precedent in Delaware … for Hunter Biden. It is, again, an open-and-shut case.

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HowAppealing

AUGUST 10, 2023

” Chris Pandolfo of Fox News reports that “ 5th Circuit deals blow to federal gun statute used in Hunter Biden case; Biden faces charges in Delaware under the same statute declared unconstitutional by the 5th Circuit.” ” You can access yesterday’s ruling of the U.S.

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SCOTUSBlog

JUNE 3, 2022

Court of Appeals for the 2nd Circuit affirmed the district court’s denial of Halkbank’s motion to dismiss on the ground that the federal court had jurisdiction over the foreign sovereign under the general criminal statute , which gives the district courts jurisdiction over “all offenses against the laws of the United States.”

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Healthcare Government Court Statute 101