The Legal Intelligencer Blog

Markell Signs Measure Expanding Gun Background Checks

By Jeff Mordock
Delaware Law Weekly

Governor Jack Markell today signed a bill that would require criminal background checks for all Delaware gun sales, including the transfer of sale of firearms between private parties.

Under the legislation, known as House Bill 35, licensed firearms dealers will be required to perform background checks and required to maintain records of the background checks in accordance with state and federal law.

The General Assembly had considered legislation to address the private sale loophole at least six times since 1990, but none of those bills ever made it to a floor vote, according to the governor’s office.

Markell unveiled the legislation in March at a ceremony attended by Lieutenant Governor Matt Denn, Attorney General Beau Biden and former Governor Mike Castle, a Republican. A collection of the top police chiefs in Delaware also attended the event, which was at the Carvel State Office Building.

“Thanks to your hard work, your dedication and your passion, today we are closing the private sale loophole once and for all,” Markell said in a released statement. “No longer will we have two different markets for the sale of firearms – a regulated market for dealers and an unregulated market for everyone else. No longer will our laws draw a meaningless distinction between dealers and non-dealers when it comes to requiring background checks. And no longer will we tolerate a system that too easily allows criminals to acquire guns and commit more crimes. You made this happen – each and every one of you.”

The background check bill was also praised by several city mayors, including New York’s Michael Bloomberg and Wilmington’s Dennis P. Williams.

“After more than 40 U.S. senators shirked their responsibility to protect the American people by voting against comprehensive background checks, Delaware stepped up and made reform a reality at the state level,” Bloomberg said.

Williams echoed Bloomberg’s appreciation of the bill’s potential impact.

“By passing comprehensive gun reform legislation, Governor Markell and Delaware’s legislators stood with the overwhelming majority of Americans who have demanded action to help save lives,” Williams said.

Jeff Mordock can be contacted at 215-557-2485 or [email protected]. Follow him on Twitter @JeffMordockTLI.

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is an internal report of the Philadelphia Traffic Court showing that cases are routinely fixed. As reporter Amaris Elliott-Engel writes, the report showed that both elected Traffic Court judges and senior judges assigned to the court “routinely entertained and acted upon extrajudicial, ex parte requests for favorable treatment of traffic violators from sources within the Traffic Court and sources external to its operation.”

Below the fold on Page 1, reporter Saranac Hale Spencer writes that William Rullo, who stole nearly $400,000 from the First Judicial District while he worked there as a procurement technician, was sentenced to 33 months in prison.

In more Regional News on Page 3, Jeff Mordock writes that Delaware Governor Jack Markell’s chief of staff, Thomas McGonigle, is set to join Drinker Biddle & Reath next month. He will manage the firm’s Wilmington, Del., office. Also on Page 3, Penn State’s law campuses will be separated into two schools.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In this week’s Law Technology News page, Judy Selby writes about protecting against the risk of data breaches.

In the Public Interest page, David Lapp writes that charter school reform must protect vulnerable students.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to email any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Friday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is Philadelphia Court of Common Pleas Judge Allan L. Tereshko resigning as supervising judge of the city’s civil cases. As reporter Amaris Elliott-Engel writes, Tereshko was taken to task by the Pennsylvania Superior Court for failing to disclose that his spouse worked for a law firm representing a defendant in a motor vehicle insurance case.

Also above the fold on Page 1, reporter Gina Passarella writes that Morgan, Lewis & Bockius has hired former acting U.S. attorney general and current White & Case white-collar practice group leader George J. Terwilliger III. He will join the firm’s Washington office next month, along with three partners and a group of associates.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that all but one of the claims lodged by Montgomery County’s recorder of deeds alleging that Mortgage Electronic Registrations Systems Inc. has circumvented Pennsylvania law requiring the recording of mortgage assignments have survived a motion to dismiss in federal court.

In more Regional News on Page 3, Jeff Mordock writes that the Delaware Chancery Court heard arguments on receivership authority.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In an Employment Law column on Page 5, Jeffrey Campolongo writes that the circuits are split on considering prior settlement offers in relation to attorney fees.

In a Franchise Law column on Page 7, Craig R. Tractenberg and Gregg Rubenstein write that the forum selection clause is an important provision in franchise agreements.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to email any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Friday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is the voter ID decision being back in Commonwealth Court Judge Robert Simpson’s hands. As reporter Saranac Hale Spencer writes, Simpson gave strong indications that he is planning to enjoin part of Pennsylvania’s new law before November’s election. He said that some parts of the law may well have merit, and if he issues an injunction he’d like to find ground short of “all or nothing.”

Also above the fold on Page 1, reporter Gina Passarella writes that Comcast has beaten back an attempt by a class of plaintiffs to enforce a proposed settlement with the cable company in an antitrust case that subsequently was granted certiorari by the U.S. Supreme Court.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that Ken Shear, who was a cornerstone of the Philadelphia Bar Association for almost 36 years, plans to retire in 2013.

In more Regional News on Page 3, Jeff Mordock of the Delaware Business Court Insider writes that the Delaware Supreme Court has denied Grupo Mexico’s motion to reargue the court’s decision to affirm a Chancery Court decision ruling that resulted in awarding a record $2 billion in damages and $304 million in attorney fees in the Southern Peru shareholder litigation.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In an Employment Law column on Page 5, Jeffrey Campolongo writes about employment law cases in the upcoming Supreme Court term.

In a Franchise Law column on Page 7, Craig R. Tractenberg and Gregg Rubenstein discuss necessary formality in franchise agreements.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to email any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Friday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is the judge specially appointed to preside in the First Judicial District’s legal malpractice lawsuit against its ex-attorney on the family courthouse project rejecting a request for sanctions because of the lawyer’s answer to discovery interrogatories. As reporter Amaris Elliott-Engel writes, Allegheny County Court of Common Pleas Senior Judge R. Stanton Wettick Jr. said it appears that Jeffrey B. Rotwitt has adequately responded to the interrogatories and that any “alleged discrepancies are matters to be explored during Mr. Rotwitt’s deposition.”

Also above the fold on Page 1, reporter Gina Passarella writes that Fox Rothschild has opened a Denver office looking to capitalize on that area’s intellectual property boom.

In more Regional News on Page 3, Jeff Mordock writes that Connolly Gallagher, the commercial litigation firm spun out from Connolly Bove Lodge & Hutz, has launched in Delaware.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In a Commercial Litigation column on Page 5, Jeffrey G. Weil and Calli Jo Varner write about the case of In re El Paso Shareholders Litigation and what it says about negotiating a merger.

In a Public Interest column on Page 7, Meredith Rapkin writes about protecting female farmworkers in Pennsylvania from harassment.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Thursday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is a driller working in the Marcellus Shale accused of overbilling joint accounts it held with two other oil and gas drillers, as well as an investor. As Zack Needles writes, the suit alleges the company overbilled two accounts, one by more than $2 million and the other by more than $630,000, and then failed to fully reimburse the money.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that the First Judicial District has made further changes to its current bail guidelines as the issue of gun violence becomes a bigger problem in Philadelphia.

Below the fold on Page 1, reporter Gina Passarella writes that a shaky first half of 2012 is causing a collections push for Pennsylvania firms.

In more Regional News on Page 3, Jeff Mordock writes that record-setting damages and fees have been affirmed in a Delaware shareholders suit, totaling $2 billion in damages and $304 million awarded to plaintiffs counsel.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In this week’s Young Lawyer column, David Koller writes about his perspective on how his wife views his shingle hanging experience.

In an Asset Management column on Page 7, David B. Bruckman and Bradley P. Pike write about master limited partnerships and the search for yield.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Thursday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is an attorney for Wyeth arguing that a $10 million verdict against the company in a hormone-replacement therapy case stemmed from a trial that was “permeated with irrelevant and inflammatory evidence.” Reporter Gina Passarella writes that Dechert’s Robert Heim told a three-judge Superior Court panel on Tuesday that, “No defendant could have won this trial.”

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has rejected three Harrisburg residents’ challenge to Act 47, the Financially Distressed Municipalities Act. The judge said the challengers lacked standing to seek the injunction.

Below the fold on Page 1, Gina Passarella writes that the state Supreme Court has denied the appeal of a Luzerne County prothonotary who sued when the county decided to dissolve the elected office and create an appointed system for overseeing judicial records.

In more Regional News on Page 3, reporter Jeff Mordock writes that insurance liabilities may be transferred to trusts in asbestos claims.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In a Securities Law column on Page 5, Katayun I. Jaffari and Jill M. Stadelman write about the JOBS Act and wonder whether it will be able to kick start employment growth.

This week’s Young Lawyer column is on Page 7, as Lisa Myers write about a year spent as an assistant district attorney and the lessons she learned.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Thursday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is an Eastern District of Pennsylvania ruling that Internet service providers must disclose the names of their subscribers who are accused of using a file-sharing site to copy a pornographic movie. As reporter Saranac Hale Spencer writes, with no 3rd U.S. Circuit Court of Appeals standard for balancing the right to anonymous speech against discovery, the court adopted a five-point test used by the 2nd Circuit.

Also above the fold on Page 1, reporter Zack Needles writes that records related to the safety of natural gas pipelines are not public, according to a ruling by the Commonwealth Court. A three-judge panel reversed a determination by the state Office of Open Records that had directed the Public Utility Commission to turn over records to a Wall Street Journal reporter.

Below the fold on Page 1, reporter Ben Present writes that a federal magistrate judge has tossed an injured man’s plea for punitives in an accident where he alleged the driver that hit him “looked at” his cellphone. The court held that looking at or using a cellphone while driving could not support a claim of “reckless indifference” or an “evil motive.”

In more Regional News on Page 3, reporter Jeff Mordock writes that a Delaware Supreme Court judge has approved an order retroactively applying spousal testimonial privilege to a same-sex couple who were married in California in 2008. Their partnership was not legally recognized in Delaware until the state’s civil union law went into effect earlier this year.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

As it is Thursday, this week’s Young Lawyer column is on Page 5, as Elizabeth F. Collura writes about leveraging document review work into a permanent position.

In a Business Law column on Page 7, Nevena Simidjiyska writes about practicing law in an international world, discussing the importance of U.S. export control compliance for clients.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Friday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is a look at Cozen O’Connor’s firm financials. As reporter Gina Passarella writes, the firm grew revenue 6 percent and profits per equity partner 8.3 percent in 2011, marking historic highs for the firm. The firm also saw its profit margin jump three percentage points to 33 percent.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Common Pleas Court Judge Sandra Mazer Moss said an appeal by Wyeth Pharmaceuticals of her decision not to dismiss digestive drug products liability claims against the drugmaker at the preliminary objections stage should be quashed.

In more Regional News on Page 3, reporter Jeff Mordock writes that the Delaware Chancery Court’s criticism of two separate chief executive offers in recent opinions represents a lesson that might be missed: the court’s willingness to let the shareholders determine a merger’s fate when no rival bidder emerges.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In an Asset Management column on Page 5, Mark L. Silow writes about planning for some proposed changes in the tax code.

In a Bankruptcy Update on Page 7, Francis J. Lawall and Evelyn J. Meltzer write about arbitrating bankruptcy disputes, noting that unless they are pursued in a timely fashion, you run the risk of losing your rights.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is a class action against HSBC that has settled for $23.5 million. As reporter Gina Passarella writes, the plaintiffs brought the suit against the credit card issuer over the company’s payment protection plan for its users.

Below the fold on Page 1, reporter Zack Needles writes that a Bucks County jury has awarded $3.6 million to a developer that claimed a bank breached its contract when it reneged on a $12.3 million loan for a retail and office complex. The 11-member jury returned a unanimous verdict in favor of the plaintiff on Feb. 10, following a two-week trial and about two hours of deliberation.

In more Regional News on Page 3, reporter Jeff Mordock writes that e-discovery litigator Kevin F. Brady has left the Wilmington, Del., office of Connolly Bove Lodge & Hutz to join Eckert Seamans Cherin & Mellott. Brady will focus on corporate litigation, e-disovery issues, environmental insurance coverage litigation and director and officer insurance coverage litigation.

Also on Page 3, reporter Amaris Elliott-Engel writes that the First Judicial District’s electronic filing system is slated to become available to the public online today.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

On Page 5, the Editorial Board writes that, having been acquitted of murder, William J. Barnes should be released from prison. Barnes shot a Philadelphia police officer in 1966 and when the officer died in 2007, the district attorney charged Barnes with murder.

In a Public Interest column on Page 7, Mark S. Schwartz, Judy F. Berkman and Margaret Henn write that pre-condemnation municipal liens are causing problems for homebuyers. Page 7 also features the public interest calendar of events.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.