Joseph R. Slights III is a lawyer and retired American judge who served on the Delaware Court of Chancery from 2016 to 2022, and the Superior Court of Delaware from 2000 to 2012, playing an instrumental role in creating that court's Complex Commercial Litigation Division.
Joseph R. Slights III | |
---|---|
Vice Chancellor, Delaware Court of Chancery | |
In office 2016–2022 | |
Appointed by | Governor Jack Markell |
Preceded by | John Noble |
Succeeded by | Nathan Cook |
Judge, Superior Court of Delaware | |
In office 2000–2012 | |
Appointed by | Governor Tom Carper |
Preceded by | William T. Quillen |
Personal details | |
Born | 1963 Dover, Delaware |
Education | James Madison University (B.S. 1985), Washington and Lee School of Law (J.D. 1988) |
Judicial service
editSlights served as both a judge in Delaware's Superior Court and a vice chancellor in the Delaware Court of Chancery. The Superior Court is the state's trial level court with general jurisdiction over criminal cases and civil cases involving money damages.[1] The Chancery court is a court of equity, and has been recognized as the pre-eminent United States court addressing corporation law.[2] Slights has served as a judge or vice chancellor in hundreds of cases, and issued hundreds of written decisions and legal opinions.[3]
Superior court and Complex Commercial Litigation Division
editIn 2000, Delaware Governor Tom Carper appointed Slights to Delaware's Superior Court.[4][5] He succeeded Judge William T. Quillen.[6] Slights retired from the Superior Court in 2012.[7] As a Superior court judge, Slights presided over a wide range of case types, for example, first degree murder,[8] patent licensing,[9] medical malpractice,[10] claims against pharmaceutical companies,[11] asbestos litigation,[12] and insurance coverage.[13]
While serving on the Superior Court, Slights was instrumental in developing that court's Complex Commercial Litigation Division (CCLD).[14][15] The CCLD is a specialized business court program that was created in May 2010, with a jurisdiction focused on complex civil commercial disputes. The CCLD was created as a complement to Delaware's Court of Chancery. It was designed "to offer businesses a forum dedicated to the resolution of business disputes" involving money damages. It has a designated subset of Superior Court judges, who hear assigned cases from beginning to end, using an active but flexible case management approach.[16] Slights sat as one of the first CCLD judges, until his 2012 retirement.[17]
As a CCLD judge, Slights presided over commercial disputes, among others, concerning: a dispute between two parties to a real estate development agreement,[18] a dispute over royalty payments on medical device sales,[19] an insurance coverage dispute between primary and excess insurance companies,[20] a breach of a supply agreement for goods between two businesses,[21] a dispute over the right to liquidate preferred stock,[22] and a novel case of tortious interference with contractual relations.[23]
Nationally, Slights is a charter member of the American College of Business Court Judges, participated in its first meeting, and served as one of its directors.[24][25] Among other national presentations, he was involved in co-presenting a program on business courts at Vanderbilt University Law School with Davidson County, Tennessee Chancellor Anne C. Martin.[26] Slights has written on the role and history of both the Chancery and Superior Courts as business courts.[16][27][28]
Chancery court
editIn 2016, Delaware Governor Jack Markell appointed Slights to the Delaware Court of Chancery as a vice chancellor, and Slights was unanimously confirmed by the Delaware Senate. He served as a vice chancellor until his retirement in early 2022.[7][29][4] Slights issued approximately 250 written decisions during his time as vice chancellor,[30] and presided over many notable and significant cases. In 2021 alone, he issued over 50 written decisions as a vice chancellor.[30]
Notable cases in Chancery court
editSlights has presided over many notable cases, including, among others;
- In re Facebook, Inc. Derivative Litigation[31][32]
- Deborah Pettry, derivatively on behalf of FedEx Corporation v. Frederick W. Smith, et al.[33][34]
- McDonald's Corporation v. Stephen J. Easterbrook[35][36][37]
- In re Viacom, Inc. Stockholders Litigation[38][39]
- In re Tesla Motors, Inc. Stockholder Litigation[40][41]
- Richard J. Tornetta, Individually and on Behalf of All Others Similarly Situated and Derivative on Behalf of Nominal Defendant Tesla, Inc. v. Elon Musk, et al.[42][43]
- Bucks County Employees Retirement Fund v. CBS Corp.[44][45]
- In re Clovis Oncology Inc. Derivative Litigation[46]
- Hoeller v. Tempur Sealy[47]
- In re Martha Stewart Living Omnimedia Inc. Stockholder Litigation[48][49]
- In re Appraisal of Rouse Properties, Inc.[50]
- In Re: GR BURGR, LLC v. Rowen Seibel (involving celebrity chef Gordon Ramsay)[51]
Legal practice
editBefore his appointment to the Superior Court, Slights practiced law with the Wilmington, Delaware law firms, Sidney Balick P.A., and Richards Layton & Finger. From 2012 to 2016, between serving as a judge on the Superior court and vice-chancellor of the Chancery court, Slights was a corporate and business litigator at the Wilmington law firm Morris James.[14][15] After leaving the Chancery Court, in August 2022, Slights joined the international law firm Wilson Sonsini.[52][53]
Slights has written on alternative dispute resolution (ADR).[54][55] He has been, and is, a provider of ADR services, such as arbitration and mediation.[56][53]
Education and as a legal educator
editSlights received a Bachelor of Science degree from James Madison University in 1985, and his Juris Doctor degree from Washington and Lee University School of Law in 1988.[57][58]
Slights is an adjunct professor at Vanderbilt University Law School,[14] and the Widener University School of Law.[25] He is a Distinguished Professor of Judicial Studies at Washington and Lee University School of Law.[59]
Positions and memberships
editSlights has held the following positions or memberships, among others;
- Chairman, Delaware Supreme Court Judicial Ethics Advisory Committee (2004–2008)[60][61][62]
- Member, State-Federal Multijurisdiction Litigation Working Group, National Center for State Courts Judicial Panel on Multidistrict Litigation and the Federal Judicial Center[63]
- Delaware State Bar Association: Chair, Health Law Section; and judicial member of Executive Committee[25]
- Member, American Judicature Society National Advisory Council, Carpenter Jury Center Advisory Committee, and Editorial Committee[64][25]
- Member, Advisory Board, Georgetown University Law Center’s e-Discovery Institute[25]
- Charter member and director, American College of Business Court Judges[25]
- Elected member, American Law Institute[65][64]
- Fellow, American Bar Foundation[15]
- President, Richard S. Rodney Inn of Court[14]
Awards and honors
editSlights has received the following awards, among others;
- Featured lecturer, The Eighteenth Annual Albert A. DeStefano Lecture on Corporate, Securities, & Financial Law at the Fordham Corporate Law Center[66]
- Chief Justice's Citation for Judicial Independence and Excellence (2008)
- Distinguished Mentoring Award, Delaware State Bar Association (2006)[67]
- Daniel L. Herrmann Professional Conduct Award, Delaware State Bar Association (2012)[67]
References
edit- ^ "History: The Superior Court - About Us - Superior Court - Delaware Courts - State of Delaware". courts.delaware.gov. Retrieved 2024-07-30.
- ^ Rehnquist, Chief Justice William H. (November 1992). "The Prominence of the Delaware Court of Chancery in the State-Federal Joint Venture of Providing Justice". The Business Lawyer. 48 (1): 351–355 – via JSTOR.
- ^ Reyes, Jessica Masulli. "Slights returns to Del. bench as vice chancellor". The News Journal. Retrieved 2024-08-15.
- ^ a b Owens, Jacob (2022-01-20). "Slights to leave Chancery this spring". Delaware Business Times. Retrieved 2024-08-15.
- ^ "Judge Joseph R. Slights III - Professional Background & Legal Expertise | Trellis.Law". trellis.law. Retrieved 2024-08-15.
- ^ Cohen, Celia (August 30, 2012). "Here Come the Judges". www.delawaregrapevine.com. Retrieved 2024-08-15.
- ^ a b "Retired Superior Court judge tapped for Chancery Court post". 47abc. 2016-02-09. Retrieved 2024-08-15.
- ^ Slights III, Hon. Joseph R. (August 7, 2008). "State of Delaware v. Alberto M. Law, In the Superior Court of the State of Delaware in and for the New Castle County".
- ^ Slights III, Hon. Joseph R. (October 31, 2008). "Rembrandt Technologies, L.P. v. Harris Corporation, In the Superior Court of Delaware in and for New Castle County, C.A. No. 07C-09-059-JRS".
- ^ Slights III, Hon. Joseph R. (September 30, 2008). "Catherine C. and William R. Meyer v. Timothy Dambro, M.D., In the Superior Court of Delaware and for New Castle County, C.A. No. 07C-10-224-JRS".
- ^ Slights III, Hon. Joseph R. (March 31, 2010). "Regina Hopkins v. Astrazenica Pharmaceuticals, L.P., in the Superior Court of Delaware in and for New Castle County,".
- ^ Slights III, Hon. Joseph R. (November 28, 2006). "In re Asbestos Litigation Sweetman Trial Group, Limited to Wayne Tisdel, In the Superior Court of Delaware in and for New Castle County, C.A. NO. 04C-03-255-ASB".
- ^ Slights III, Hon. Joseph R. "Western American Insurance Company v. Christopher Bogush et al. v. The Hartford Insurance Company, In the Superior Court of Delaware in and for New Castle County, C.A. NO. 03C-11-217-JRS".
- ^ a b c d "Biography - Joseph R. Slights, III". Vanderbilt University. Retrieved 2024-08-15.
- ^ a b c "Vice Chancellor Joseph R. Slights III Announces His Retirement, Delaware Courts". January 18, 2022.
- ^ a b Sights III, Joseph R.; Powers, Elizabeth A. (Fall 2015). "Delaware Courts Continue to Excel in Business Litigation with the Success of the Complex Commercial Litigation Division of the Superior Court". The Business Lawyer. 70: 1041–1042, 1048, 1051–1054.
- ^ "Delaware Court Division Focuses on Complex Commercial Cases" (PDF).
- ^ Slights III, Hon. Joseph R. (December 7, 2012). "Cornell Glasgow, LLC v. La Grange Properties, LLC, In the Superior Court of Delaware in and for New Castle County, C.A. No. N11C-05-016-JRS CCLD, C.A. No. N11C-07-160-JRS CCLD".
- ^ Slights III, Hon. Joseph R. (April 13, 2012). "E.I. DuPont de Nemours & Co. v. Medtronic Vascular, Inc., In the Superior Court of Delaware in and for New Castle County, C.A. No. N10C-09-058 JRS CCLD".
- ^ Slights III, Hon. Joseph R. (March 16, 2012). "Valley Forge Insurance Company v. National Union Fire Insurance Company of Pittsburgh, PA, et al., In the Superior Court of Delaware in and for New Castle County, C.A. No. N10C-07-135 JRS CCLD".
- ^ Slights III, Hon. Joseph R. (October 17, 2011). "Relax Limited v. ANIP Acquisition Company, In the Superior Court of Delaware in and for New Castle County, C.A. No. N10C-06-032 JRS CCLD".
- ^ Slights III, Hon. Joseph R. (July 21, 2011). "Alta Berkely VI C.V., et al. v. Omneon, Inc., In the Superior Court of Delaware in and for New Castle County, C.A. No. N10C-11-102 JRS CCLD".
- ^ Slights, Hon. Joseph R. (March 31, 2011). "Allen Family Foods, Inc. v. Capital Carbonic Corporation, In the Superior Court of Delaware in and for New Castle County, C.A. No. N10C-10-313 JRS CCLD".
- ^ American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Institute, October 30 - November 1, 2005, Judicial Participant List
- ^ a b c d e f "Judge Joseph R. Slights III rejoins Morris James LLP". Cape Gazette. December 13, 2012. Retrieved 2024-08-15.
- ^ Renshaw, Grace (2022-03-08). "Chancery Court judges Joseph Slights III of Delaware and Anne Martin '92 of Tennessee to discuss business courts at VLS March 15 -". Vanderbilt University. Retrieved 2024-08-15.
- ^ Parsons, Jr., Hon. Donald F.; Slights III, Hon. Joseph R. (April 2008). "The History of Delaware Business Courts, Their Rise to Preeminence" (PDF). Business Law Today. 17 (4).
- ^ Slights III, Jospeh R.; Ableman, Peggy L. (Summer 2013). "The Superior Court: A View From The Bench". Delaware Lawyer. 31.
- ^ "Retired Superior Court Judge Approved for Chancery Post". WBOC TV. 2016-03-17. Retrieved 2024-08-15.
- ^ a b "Opinions - Delaware Courts - State of Delaware". courts.delaware.gov. Retrieved 2024-08-15.
- ^ Slights III, Hon. Joseph R. (November 29, 2021). "Robert A. Feuer v. Mark Zuckerberg, et. al., In re Facebook, Inc. Derivative Litigation, In the Court of Chancery of the State of Delaware, C.A. No. 2019-0324-JRS".
- ^ Perera, Katryna (November 8, 2021). "Chancery Denies Motion For Reargument In Facebook Suit - Law360". www.law360.com. Retrieved 2024-08-15.
- ^ Slights III, Hon. Joseph R. (June 28, 2021). "Deborah Pettry, individually on behalf of FedEx Corporation v. Frederick W. Smith, et al., In the Court of Chancery of the State of Delaware, C.A. No. 2019-0795-JRS".
- ^ Atkins, Dorothy (June 28, 2021). "FedEx Investor Suit Over $35M Smuggling Fine Is Axed In Del. - Law360". www.law360.com. Retrieved 2024-08-15.
- ^ Slights III, Hon. Joseph (February 2, 2021). "McDonald's Corporation v. Stephen J. Easterbrook, In the Court of Chancery of the State of Delaware, C.A. No. 2020-0658-JRS".
- ^ "Slights: Former CEO's Agreement Allows McDonald's to Serve Up Delaware Suit". Delaware Business Court Insider. Retrieved 2024-08-15.
- ^ "Judge orders ex-CEO Stephen Easterbrook to respond to McDonald's information requests". Chicago Tribune. Associated Press. 2021-03-30. Retrieved 2024-08-15.
- ^ Sligths III, Joseph R. (February 10, 2021). "In re Viacom, Inc. Stockholders Litigation, In the Court of Chancery of the State of Delaware, C.A. No. 2019-0948-JRS".
- ^ Bardash, Ellen (January 29, 2021). "CBS Shareholders to Continue Case Against Directors' Handling of Viacom Merger". Delaware Business Court Insider. Retrieved 2024-08-15.
- ^ Slights III, Hon. Joseph R. (February 4, 2020). "In re Tesla Motors, Inc. Stockholder Litigaton, In the Court of Chancery of the State of Delaware, C.A. No. 12711-VCS".
- ^ Jackson, Sierra (2021-10-26). "Judge narrows Tesla shareholders' lawsuit against Musk over SolarCity deal". Reuters. Retrieved 2024-08-15.
- ^ Slights III, Hon. Joseph R. (September 20, 2019). "RICHARD J. TORNETTA, Individually and on Behalf of All Others Similarly Situated and Derivative on Behalf of Nominal Defendant TESLA, INC. v. ELON MUSK, et al., In the Court of Chancery of the State of Delaware, C.A. No. 2018-0408-JRS".
- ^ "Court of Chancery Provides Reminder That Privilege Is Not Absolute". Lexology. 2021-05-13. Retrieved 2024-08-15.
- ^ Slights, Hon. Joseph R. (November 25, 2019). "Bucks County Employees Retirement Fund v. CBS Corp., In the Court of Chancery of the State of Delaware, C.A. No. 2019-0820-JRS".
- ^ "CBS Corporation | Landmark Results". www.ktmc.com. Retrieved 2024-08-15.
- ^ Pileggi, Francis (2019-10-16). "Directors may face oversight liability for not properly monitoring key drug's clinical trial". Delaware Corporate & Commercial Litigation Blog. Retrieved 2024-08-15.
- ^ "New Chancery Guidance On Books And Records Law". Winston & Strawn - New Chancery Guidance On Books And Records Law. Retrieved 2024-08-15.
- ^ Slights III, Hon. Joseph R. (August 18, 2017). "In re Martha Stewart Living Omnimedia Inc. Stockholder Litigation, In the Court of Chancery of the State of Delaware, C.A. No. 11202-VCS".
- ^ Fee, James; Halper, Jason (2017-08-24). "Delaware Court of Chancery Extends Business Judgment Rule Deference to Controller Transactions Involving Third-Parties". The Harvard Law School Forum on Corporate Governance. Retrieved 2024-08-15.
- ^ "A&O Shearman | M&A and Corporate Governance Litigation Blog | Delaware Chancery Court Resolves Dispute Among Appraisal Petitioners By Appointing Lead Appraisal Counsel". www.lit-ma.aoshearman.com. Retrieved 2024-08-15.
- ^ "Hamburger Hell for a Celebrity Chef: Another LLC Deadlock Takes its Toll | Insights | Holland & Knight". www.hklaw.com. Retrieved 2024-08-15.
- ^ "Former Delaware Court of Chancery Vice Chancellor Joseph Slights Joins Wilson Sonsini". Wilson Sonsini Goodrich & Rosati Professional Corporation. Retrieved 2024-08-15.
- ^ a b "Joseph R. Slights III". Wilson Sonsini Goodrich & Rosati Professional Corporation Home Page. Retrieved 2024-08-15.
- ^ Slights III, Joseph R.; Haug, Mark G. (2006). "Alternative Dispute Resolution and Court-Appointed Experts". Pepperdine Dispute Resolution Law Journal. 6 (3).
- ^ McNally, Edward M.; Slights III, Joseph R. (June 1, 2015). "Built for Speed: Delaware streamlines arbitration of business disputes". Corporate Counsel Business Journal.
- ^ Mordock, Jeff; Albright, Matthew (February 8, 2016). "Markell chooses Slights as his Chancery Court nominee". The News Journal. Retrieved 2024-08-15.
- ^ "Hon. Joseph R. Slights III, Practicing Law Institute Biography". www.pli.edu. Retrieved 2024-08-15.
- ^ "Joseph R. Slights III". Ballotpedia. Retrieved 2024-08-15.
- ^ "Joseph R. Slights III". Washington and Lee University. Retrieved 2024-08-15.
- ^ "Judicial Ethics Advisory Committee of the State of Delaware". December 30, 2004.
- ^ "Judicial Ethics Advisory Committee of the State of Delaware". 2006.
- ^ "Judicial Ethics Advisory Committee of the State of Delaware". April 14, 2008.
- ^ "Coordinating Multijurisdiction Litigation - A Pocket Guide for Judges, Federal Judicial Center and National Center for State Courts" (PDF). 2013.
- ^ a b "In The News, 2010 – 2006 - News Archives - Superior Court - Delaware Courts - State of Delaware". courts.delaware.gov. Retrieved 2024-08-15.
- ^ "American Law Institute Members, Elected Member The Hon. Joseph R. Slights, III". American Law Institute. Retrieved 2024-08-15.
- ^ Slights III, Honorable Joseph R. (2019). "Lecture, CORWIN V. KKR FINANCIAL HOLDINGS LLC— AN "AFTER-ACTION REPORT", THE EIGHTEENTH ANNUAL ALBERT A. DESTEFANO LECTURE ON CORPORATE, SECURITIES, & FINANCIAL LAW AT THE FORDHAM CORPORATE LAW CENTER,". Fordham Journal of Corporate and Financial Law. 24 (1).
- ^ a b "Delaware State Bar Association Award List" (PDF).