By Jaime Bochet
Of the Legal Staff
Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)
Just as Tuesdays always include our Pennsylvania Law Weekly section, Wednesday is the unofficial "Day of Delaware," when we roll out the fresh ink from our First State to the south. That includes the Delaware Law Weekly, available online at www.delawarelawweekly.com, as well as our newest product, the Delaware Business Court Insider, an online newsletter that definitely warrants a look.
But more about Delaware in a bit … let's get to today's Legal.
Topping the front page is a 3rd Circuit decision by U.S. Courthouse Correspondent Shannon P. Duffy: On the heels of an about-face by the Justice Department, the 3rd Circuit ruled that the new, more lenient sentencing rules for crack cocaine must be applied retroactively so that every defendant sentenced after the law was passed will benefit. The issue of precisely who should benefit from the Fair Sentencing Act of 2010 is one that has splintered the circuits, but Tuesday’s decision is the first to be released since the government’s 180-degree turnabout.
Also sharing top billing on the front, senior staff reporter Gina Passarella covers the oral arguments in a case with local interest. A panel of Pennsylvania Superior Court judges appeared skeptical of defunct law firm Wolf Block's argument Tuesday that a former partner's claims for severance payments should be heard in confidential arbitration rather than in Philadelphia Common Pleas Court.
Today's Page 3 story is a "From the Chief" column by The Legal's Editor-in-Chief Hank Grezlak: "When I think of models for leadership, I don’t often think of lawyers. Too much second-guessing, too much timidity, too often a lemming-like mentality and a horrible fear to do anything new or that goes against conventional wisdom. However, in these tumultuous times, I actually think lawyers have a lot to offer in terms of helping us out of this political and financial mess."
As always, our People in the News section is on Page 2, as well as a Letter to the Editor regarding the CJD by Shira Goodman and Lynn Marks of Pennsylvanians for Modern Courts. The top stories from our sister publications across the country make up the Page 4 National News section.
Today's contributed columns are the "Bankruptcy Update" by Christopher M. Winter and Michael Lastowski of Duane Morris, and our weekly "GC Mid-Atlantic" page.
As we move south in our weekly coverage to Delaware, we'll stop first at the Delaware Law Weekly, where reporter Jeff Mordock has the top stories. Please note: all of our Delaware coverage is for paid subscribers, but you can register for a free 30-day trial by clicking here.
In the top slot, Jeff writes: "The 3rd U.S. Circuit Court of Appeals reversed a federal district judge's opinion and ruled that the Indian River School District's tradition of opening its board meetings with a Christian prayer is unconstitutional."
One do-not-miss trusts and estates article deals with a woman who attempted to adopt her adult ex-husband in an effort to increase her children's inheritance.
And finally, Jeff writes that a Delaware Superior Court judge has ruled that convicted murderer Steven Shelton should be removed from death row. The judge is set to resentence him later this fall on lesser charges connected to the crime after it was revealed the state's star witness against Shelton was tainted and may not have been competent to testify.
Finally, we'd like you to meet (if you haven't already) the Delaware Business Court Insider. As the name suggests, this is a national product covering the latest news, analysis and cases from the Delaware Chancery Court, Bankruptcy Court and Supreme Court. The accompanying website is www.delbizcourt.com, where you can go to subscribe to this newsletter weekly. You can also follow us on Twitter at @delbizcourt.
Top stories there include:
- A Q&A with Emilie R. Ninan, the managing partner for Ballad Spahr's Wilmington office.
- A ruling by Chancellor Leo E. Strine Jr. that a hedge fund breached its contractual obligations and fiduciary duties by not returning the $40 million seed money to its original investor, saying the money was not returned for the "selfish reason" of wanting to continue to collect management fees.
- A ruling by the Delaware Chancery Court stating that it does not have the personal jurisdiction to settle a dispute between two foreign companies, even if the entities' disagreement involves a venture incorporated in Delaware.
Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal and our Delaware coverage!
Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail [email protected].
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