As soon as we start to think that Delaware’s unclaimed property practices and administration couldn’t possibly get any more egregious, another lawsuit like JLI Invest S.A. et al. v. Cook et al., Case No. 11274 surfaces. The facts alleged in the complaint highlight the fundamental issue of just how much “protection” state unclaimed property laws provide to owners. In this case, Delaware apparently protected two scientists out of $12,024,148.25. Yay Delaware. The scientists are not happy (we would be crying on the floor with either (a) a vat of Graeter’s ice cream or (b) a barrel of Sancerre) and have sued Delaware for their lost value. FactsDr. Gilles Gosselin and Dr. Jean Louis Imbach are the two Belgian scientists who headed the research team responsible for creating a Hepatitis B drug. Idenix Pharmaceuticals, Inc. was established to commercially develop this drug. As the creators of the drug, Dr. Gosselin and Dr. Imbach were given an ownership … [Read more...] about Straight Outta Delaware: JLI Invest S.A. et al. v. Cook et al.
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According to the National Center for State Courts, forty states, including California and Nevada, have established intermediate courts of appeal. California’s Court of Appeal was established by a constitutional amendment adopted by the voters in November 1904. Originally, the Court of Appeal was comprised of three districts, with the First District sitting in San Francisco, the Second District sitting in Los Angeles, and the Third District sitting in Sacramento. In 1929, the Fourth Appellate District was added. The Fifth and Sixth Districts were added in 1961 and 1981, respectively. As described in this post from last December, Nevada only recently created an intermediate appellate court.The name of California’s appellate court is a bit tricky. Unlike the Ninth Circuit and Nevada’s new intermediate appellate court, is simply the Court of Appeal (no “s”). Now retired Justice James A. Ardaiz of the … [Read more...] about California, Nevada and 38 Other States Have These, But Delaware Doesn’t – Intermediate Courts of Appeal
Delaware is now poised to become the second state to legalize online gaming. On Wednesday, that state’s Senate passed a bill that would legalize web table games, including poker, video lottery games, and traditional lottery games to be offered online.Democratic Governor Jack Markell supports the bill and is expected to sign it into law soon. Earlier in the month the bill passed the state’s house of representatives by a 29-8 vote.The bill, known as the Delaware Gaming Competitiveness Act of 2012, would authorize the state lottery and the three racetrack casinos it regulates to offer various form of Internet gambling, including poker. The bill would also authorize NFL parlay betting and keno. Games likely would not be live until early 2013.After the bill is signed into law, Delaware will become the second U.S. state, after Nevada, to legalize online gaming. Nevada recently issued its first licenses authorizing companies in the state to offer online poker.After the … [Read more...] about After Legislature Acts, Delaware Ready to Become 2nd State to Legalize Online Gaming
The Honorable Leonard Stark of the District of Delaware, who will soon be the District’s Chief Judge, has announced that he is changing the way he manages patent cases. He outlined the coming changes at a May 13 continuing legal education (CLE) presentation sponsored by the Delaware Chapter of the Federal Bar Association. Practitioners before Judge Stark need to be aware of these changes and begin thinking about how these new practices and procedures will affect their cases.Chief Judge Rader Sets the StageThe CLE presentation began with Federal Circuit Court of Appeals Chief Judge Randall Rader singing Bob Dylan’s “The Times They Are A-Changin’” with new lyrics emphasizing needed changes in U.S. patent litigation. After his musical interlude, Judge Rader discussed the unreasonably high cost of patent litigation in the U.S. as opposed to other countries—which is largely the result of the broad discovery allowed in the U.S.—and the difficulties … [Read more...] about “The Times They Are A-Changin’” – Delaware’s Judge Stark Outlines New Patent Case Management Practices
On Thursday, December 14, 2017, a new law will take effect in Delaware forbidding employers from requesting compensation history from job applicants. The stated purpose of Delaware’s new law is to close the pay gap between men and women within Delaware.Specifically, starting on December 14, 2017, it will be unlawful for employers in Delaware to“[s]creen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria,” or“[s]eek the compensation history of an applicant from the applicant or a current or former employer.”Title 19 of the Delaware Code broadly defines “compensation” to include “monetary wages as well as benefits and other forms of compensation.” As written, this definition may be interpreted by regulators and courts to encompass topics typically discussed between employers and applicants during the application process, … [Read more...] about Delaware Law Prohibits Employers from Requesting Compensation Information