Resnik writes: "Instead of open proceedings, filings would not be docketed, the courtroom would be closed to the public and the outcome would be secret."
(photo: CC-BY-SA-3.0/Matt H. Wade/Wikipedia)
Renting Judges for Secret Rulings
02 March 14
SHOULD wealthy litigants be able to rent state judges and courthouses to decide cases in private and keep the results secret?
The answer should be an easy no, but if the judges of Delaware’s Chancery Court persuade the United States Supreme Court to take their case and reverse lower federal court rulings outlawing that practice, corporations will, in Delaware, be able to do just that.
The state has long been a magnet for corporate litigation because of its welcoming tax structures and the court’s business expertise. Yet the State Legislature became concerned that Delaware was losing its “pre-eminence” in corporate litigation to a growing market in private dispute resolution.
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