Delaware Gov. John C. Carney. Following SCOTUS Standing Rejection, Delaware Courts' Party Balance Challenger Plans New Complaint
A lawyer's stated desire to apply for the bench did not mean he was "able and ready" to do so, and therefore could not bring a challenge. The decision preserves a rule that guaranteed that two influential courts—the Delaware Court of Chancery and state Supreme Court, which have outsize roles in shaping corporate law—can't have a party majority of more than one.
December 10, 2020 at 11:34 AM
5 minute read
The original version of this story was published on Delaware Law Weekly
Federal courts haven't heard the last from a Delaware attorney who challenged the state's constitutional requirement mandating party balance among judges, though the U.S. Supreme Court ruled Thursday he didn't have standing to bring his original case.
David Finger of Finger & Slanina said attorney James Adams plans to file a new complaint in the District of Delaware before the end of the week, with details of Adams applying for judgeships since the first case's filing included to bolster the argument for standing criticized by the Supreme Court.
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J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
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