Delaware Department of Justice

• Daniel D. Rappa, Sr. v. New Castle County; Dennis E. Greenhouse; Robert W. O'Brien; John C. Carney, Jr.; Mark A. Kleinschmidt; William S. Mcintyre, Appellants. Daniel D. Rappa, Sr. v. State of Delaware; Department of Transportation of the State of Delaware; Kermit H. Justice, * Ann Canby, Secretary, in Her Official Capacity, and Kermit H. Justice, in His Individual Capacity, Appellants., 18 F.3d 1043 (3rd Cir. 1994)

Carl A. Agostini, Agostini, Levitsky & Agostini, Thomas S. Neuberger (argued), Wilmington, DE, for appellees in 92-7282 and 92-7293. John A. Parkins,...

• Federal Circuits

• Energy Mgt. P 26,389 Conoco Inc., a Delaware Corporation, Appellant, v. United States Department of Justice. Conoco Inc., Appellant, v. United States Department of Energy., 687 F.2d 724 (3rd Cir. 1982)

Donald B. Craven, Mark L. Evans, Robert K. Huffman, Stuart M. Bluestone (argued), Miller & Chevalier, Chartered, Washington, D. C., Charles S. Crompto...

• Federal Circuits

• Justice Department Resolves Investigation of Five Delaware Prison Facilities

To: LEGAL AFFAIRS EDITORS Contact: U.S. Department of Justice, +1-202-514-2007

• U.S. Newswire
• December 29, 2006

• Jeffrey Williams, Appellant, v. New Castle County, New Castle County Government, Dennis Greenhouse, Rita Justice, State of Delaware Department of Insurance, David N. Levinson, Blue Cross & Blue Shield of Delaware, Inc., State of Delaware., 970 F.2d 1260 (3rd Cir. 1992)

Sylvia E. Hall, Kathleen M. Smith (argued), John J. Sullivan, Jr., Daniel J. Collins, Law Offices of Sylvia E. Hall, Pennsville, N.J., for appellant. ...

• Federal Circuits

• Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution of Honest Services Fraud

This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...

..., the former media executive may have Justice Antonin Scalia to thank for his good fortune. Over... language in § 1346 has enabled the Department of Justice (DOJ) to prosecute public corruption ca...

• Delaware Journal of Corporate Law
• Vol. 35 Nbr. 1, January 2010

• Metex Corporation, a Delaware Corporation, Appellant, v. Acs Industries, Inc., a Rhode Island Corporation, George Botvin, and the United States Department of Justice, Appellees., 748 F.2d 150 (3rd Cir. 1984)

Edward A. Zunz, Jr. (argued), Joan E. Goldstein, Riker, Danzig, Scherer & Hyland, Morristown, N.J., for appellant. John M. Calimafde, Dennis J. Mondo...

• Federal Circuits

• Bankruptcy Trustee Challenges Clause in Countrywide Accord

Countrywide Financial Corp.'s settlement of mortgage mismanagement claims in Pittsburgh faces a challenge from Roberta DeAngelis, acting U.S. Bankruptcy Court trustee, who says the deal may harm her office's investigation of the company. DeAngelis wants to revise a proposed agreement to resolve allegations that Countrywide mishandled payments from 293 bankrupt Pittsburgh-area homeowners by losing or destroying checks and then charging late fees and legal costs, according to court papers filed last week. DeAngelis supervises bankruptcies in Delaware, New Jersey and Pennsylvania on behalf of the Department of Justice.

• Tribune - Review / Pittsburgh Tribune - Review
• August 13, 2008

• Motiva Enterprises Settles Federal-State Lawsuit Resulting From Explosion at Delaware City Refinery

WASHINGTON, Sept. 20 /U.S. Newswire/ -- Motiva Enterprises LLC (Motiva) has agreed to pay $12 million to settle a joint federal- state civil lawsuit arising from a catastrophic explosion in 2001 at the company's former Delaware City refinery that killed one employee, injured several others, and caused a massive discharge of spent sulfuric acid from a ruptured tank, the Justice Department, the Environmental Protection Agency (EPA) and the state of Delaware announced today. In addition to the $12 million civil penalty, Motiva will finance a series of environmental projects valued at more than $4 million and reimburse the United States and Delaware for over $170,000 in response costs. The settlement resolves claims against Motiva under the federal Clean Water Act (CWA), Clean Air Act, CER...

• U.S. Newswire
• September 20, 2005

• Aclu Sues Delaware Doc Over Release of Inmate Medical Treatment Protocols

The ACLU has sued the Delaware Department of Corrections for allegedly refusing to provide information about medical treatment protocols for prison inmates. The ACLU's Freedom of Information Act request was made after the U.S. Department of Justice launched a formal investigation into conditions at Delaware prisons, prompted by inmate lawsuits and media reports alleging inadequate medical care.

• Lawyers USA
• August 28, 2006

• Kenneth Fink v. Perry Phelps, (3rd Cir. 2011)

... THE STATE OF DELAWARE. . ...Deputy Attorney General. Delaware Department of Justice. State Office Building. 820 N. French ...

• Federal Circuits