Robinhood isn’t expected to be sued In Delaware court soon, if ever

Delaware Business Court Insider

In the week after Robinhood restricted trading on GameStop and other stocks, outcry from the app’s users and the public at large has unfolded into more than 50 lawsuits nationwide.

None of those cases have been filed in Delaware, where the California-based company is incorporated. And that may not change, at least not in the immediate future.

Shareholders for Robinhood, which is among the many companies that are incorporated in Delaware but aren’t headquartered there or don’t do the majority of their business within state lines, could potentially file a case against the company in Delaware. But Robinhood’s customers, not shareholders, are currently the ones upset with the company to the point of taking legal action.

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Third Circuit decision to overturn Wilmington Trust officials conviction creates steep path

Delaware Law Weekly

In a first impression decision overturning criminal convictions of four former Wilmington Trust executives this week, a panel of judges on the U.S. Court of Appeals for the Third Circuit ruled that prosecutors’ path to proving a statement false is a steep one.

The panel found the federal government’s regulations for reporting past-due loans were too ambiguous for a single interpretation to prove the way the executives falsely reported the loans a decade ago. The court’s conclusions could sweep into other areas of the law and a number of other regulated industries.

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Lin Wood, Ga. lawyer who pressed election conspiracies, is tossed From Del. case

Delaware Law Weekly

Lin Wood, the flamboyant Atlanta attorney involved in two cases questioning the legitimacy of the presidential election, says his conduct in other states shouldn’t bar him from representing a plaintiff in a Delaware Superior Court defamation case.

Superior Court Judge Craig Karsnitz wrote in a memorandum opinion revoking pro hac vice privileges Monday that although Wood’s actions in Georgia and Wisconsin cases didn’t take place in his courtroom, he could chuck Wood from the Delaware case based on his conduct in those cases.

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Connolly Gallagher attorney elected to Delaware senate, unseating 20-year incumbent

Delaware Law Weekly

A Connolly Gallagher attorney won election to the Delaware Senate on Tuesday, flipping the fifth district seat blue for the first time in at least four decades.

Kyle Evans Gay said Wednesday she attributed her win over 20-year Republican incumbent Catherine Cloutier to Brandywine Hundred voters’ prioritization of action on education, health care and COVID-19 relief and recovery.

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Delaware governor’s attorney ‘eager to defend’ Delaware’s party-balance judicial-selection rule before SCOTUS

Delaware Law Weekly

On Monday, attorneys representing Delaware Gov. John Carney are set to argue to the U.S. Supreme Court that the state’s longstanding requirement of politically balanced courts is constitutional.

Carney, who is represented by attorneys from Wilson Sonsini Goodrich & Rosati, has asked the Supreme Court to reverse decisions made by the district court and the U.S. Court of Appeals for the Third Circuit, both of which sided with retired attorney James Adams and determined the Delaware provisions in question violated the First Amendment.

“The fact that the court took the case suggests that the justices have at least serious questions about what happened below,” said Steffen Johnson, chair of Wilson Sonsini’s Supreme Court and appellate practice and one of the attorneys who will be present for Monday’s phone argument. “We believe the theory that the plaintiff is pressing stretches the Supreme Court decisions that he’s relying on beyond the breaking point.”

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California judge says right to jury trial overrides agreement to litigate in Delaware

Delaware Business Court Insider

A California plaintiff can’t be made to take his case to the Delaware Court of Chancery, a Los Angeles County Superior Court judge has ruled in what that plaintiff’s attorney says is likely the first decision to address the issue.

The trial judge’s ruling in the case filed by William West against Access Control Related Enterprises LLC, issued by Judge David J. Cowan of the Los Angeles County Superior Court on July 29, stated that enforcing a forum selection clause requiring a California resident to pursue a case in the Court of Chancery violates Californians’ constitutional right to a jury trial, unless a defendant can prove doing so would not infringe on that right.

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How Delaware courts have kept running during COVID-19

Delaware Business Court Insider

More than three months since Delaware’s judiciary first declared a state of emergency, state courts have reported there likely won’t be much of a case load to catch up on as courthouse activity ramps back up.

Since courtrooms were first closed to the public March 23 in response to the COVID-19 pandemic, the judiciary and attorneys have been using remote methods to keep cases moving, many of which are being carried into the courts’ reopening stages.

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Redefining homework: South Dakota educators bring varied virtual classrooms to students

The Daily Republic

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It’s been 10 weeks since South Dakota teachers last saw their students without the use of a computer screen, and with the school year now coming to a close and fall plans uncertain due to COVID-19, it will be several more months at least before they’ll again teach face to face.

When Gov. Kristi Noem first closed South Dakota’s schools in mid-March and those closures were eventually stretched through the end of the school year, districts across the state quickly cobbled together distance learning plans from various combinations of familiar and new online programs, pencil-and-paper handoffs of classwork and, for some, existing plans already developed in case of school closures longer than a snow day or two.

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100 years apart, SD cities’ restrictions similar during COVID-19, Spanish flu pandemics

The Daily Republic

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As the number of confirmed COVID-19 cases continues to creep upward, local government leaders across South Dakota are making decisions about what should be closed, restricted or cancelled in what feels for most like an unprecedented pandemic.

Just over a century ago, those leaders’ predecessors were making similar decisions to shut down schools, limit public gatherings and close entertainment venues in attempts to slow the spread of the Spanish flu. On Friday, Mitchell became the latest South Dakota city to have an ordinance regulate aspects of local businesses with the goal of slowing COVID-19’s spread.

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With 12 positive COVID-19 cases, Beadle County, Huron begin business closures

The Daily Republic

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HURON — With what is believed to be South Dakota’s first community spread of COVID-19 leading to a swell in positive cases, the city of Huron and Beadle County decided Sunday to put restrictions on businesses.

During a joint meeting of the Huron City Commission and Beadle County Commission, the city and county each passed an ordinance and resolution closing recreational facilities, halting dine-in service at all restaurants and bars and banning gatherings of 10 or more people socially or at a business beginning Monday. The decision marks the first government-mandated business restrictions in the state aimed at reducing the virus’ spread.

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