While Delawareans familiar with the state’s Freedom of Information Act rules may understand guidelines surrounding fees, some may still be surprised once they receive the bill following their request.
A batch of public records requests made to Delaware shore towns showed widely diverging approaches to how much, if at all, a community charges for access to documents.
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An open government organization that has waged a successful legal challenge to the Delaware Court of Chancery’s secret arbitration forum is opposing a U.S. Supreme Court review of the case, saying it doesn’t rise to the highest court’s level.
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Read More… from Group opposes Supreme Court review of Chancery Court’s arbitration forum
From DelawareOnline.com: Attorneys for the Delaware Court of Chancery have let one appeal deadline pass without acting in the lawsuit over the court’s “secret” arbitration program that two federal courts have declared unconstitutional.
Attorney Lawrence Hamermesh, who is representing the Chancery Court, declined to comment today on whether the state plans to appeal the case directly to the U.S. Supreme Court or will abandon both an appeal and the confidential arbitration system.
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From NFOIC: A federal appeals court has agreed with NFOIC’s Delaware-based member organization, the Delaware Coalition for Open Government, that Delaware’s Chancery Court judges’ practice of overseeing and resolving business disputes in secret arbitrations is unconstitutional.
Following the ruling, handed down last Wednesday by the Third U.S. Circuit Court of Appeals, state and court officials, including a spokesman for Gov. Gov. Jack Markell’s office, indicated they are considering an appeal.
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From Bloomberg: Delaware’s Chancery Court, the country’s leading venue for securities litigation, can’t be used for secret arbitration proceedings in business disputes, a federal appeals court ruled.
The arbitration program set up by the state, which allowed publicly funded judges to make decisions behind closed doors on business cases, violates the public’s constitutional right to access to the courts, the U.S. Court of Appeals in Philadelphia said Wednesday in a 2-1 decision.
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Read More… from Delaware judges can’t do secret arbitrations, court rules
From Reuters:
Delaware's push to expand the state's legal industry was dealt a blow on Thursday when a federal judge ruled its high-profile Court of Chancery judges could not preside over arbitration proceedings that are closed to the public.
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Read More… from U.S. judge bars Delaware’s Court of Chancery secret arbitrations
From Delaware Online:
Delaware Chancery Court’s private arbitration process – which was criticized by open government groups as a secret court – has been declared unconstitional by a federal judge.
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Read More… from US judge voids Chancery Court’s private arbitration process
