TOP STORIES

Christiana Care Settles Whistleblower Suit for $3 Million 
In what the U.S. Attorney's Office for the District of Delaware said was the largest-ever settlement in Delaware of a whistleblower suit, Christiana Care Health System agreed to pay the federal and state governments a combined $3.3 million to end litigation alleging it had violated laws designed to combat fraud and misuse of federal and state health care funds.

Mental Health Task Force Adopts Plan, Expands Pilot Program 
A little more than one year after it was convened, the task force in Delaware that is addressing mental health issues and their intersection with the criminal justice system has issued its strategic plan and has taken a pilot mental health court program in New Castle County statewide.

Cravath May Represent Air Products in Airgas Takeover Bid 
Cravath Swaine & Moore can continue its representation of Air Products & Chemicals in the company's bid to acquire competitor Airgas, despite Airgas' claims of conflict, Delaware Chancery Court Chancellor William B. Chandler III ruled Friday afternoon.

THIS WEEK'S DIGESTS

Jackson v. Danberg 
The trial court did not err in granting the State summary judgment in this constitutional challenge to Delaware’s death penalty protocol since under the U.S. Supreme Court’s Baze v. Rees, an execution protocol that does not present a substantial risk of serious harm passes constitutional muster. Affirmed.

Teachers’ Retirement System of Lousiana v. Pricewaterhouse Coopers, LLP 
The issue of in the scope of in pari delicto liability for actions by auditors was certified to the New York Court of Appeals.

Cruz v. State of Delaware 
The trial court did not err in finding defendant in violation of his probation because if a criminal trial results in an acquittal, due process permits the same judge who presided at that criminal trial to consider the same evidence at a subsequent violation of probation hearing involving the same conduct. Affirmed.

Thompson v. Lynch 
Appellants were judicially estopped from contradicting their former position and, after learning the chancellor’s result was not to their liking, claiming that court had no jurisidiction. The Supreme Court affirmed the Court of Chancery.

Maldonado v. Matthews 
The court denied defendant’s motion to dismiss for ineffective service where plaintiff had created a record of “personal delivery to the addressee” which was satisfactory to the court. Motion to dismiss denied.

Peak Property & Casualty Ins. Co. v. Speed 
The court granted the plaintiff insurer summary judgment in this declaratory judgment action where defendants failed to rebut the testimony that plaintiff’s insured did not give the driver permission to drive her vehicle. Motion for summary judgment granted.

NEWS IN BRIEF

Wilmington Lawyer Nominated To Seat on Common Pleas Court 
Gov. Jack Markell announced last week that he will nominate Eric M. Davis to serve as a judge of the court of common pleas. Davis, a partner with the Wilmington office of Skadden Arps Slate Meagher & Flom, represents corporations in commercial disputes in federal and state courts in Delaware and throughout the country. His focus has been on corporate governance issues and other disputes arising from bankruptcy and corporate reorganizations.

Apple Sues Mobile Phone Maker Over Patent 
Apple Inc. has sued Taiwan-based mobile phone maker High Tech Computer Corp. for patent infringement in the U.S. District Court for the District of Delaware, as well before the U.S. International Trade Commission.

Superior Court States New Policy on Paper Files 
President Judge James T. Vaughn Jr. of the Superior Court has issued an administrative directive stating that the prothonotary in each county will "no longer maintain a paper file for any pending or hereafter commenced action or matter filed using the LexisNexis File & Serve eFile system."

Widener Law School Hires Multicultural Affairs Officer 
Widener University School of Law announced last week that Anthony D. Pledger has joined the staff of the Delaware campus as the school's new multicultural affairs officer. Pledger comes from the University of Wyoming College of Law, where he served as the deputy director of admissions and student services since August 2008.

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