On August 30, 2012, U.S. District Judge Mary A. McLaughlin determined that the Delaware Court of Chancery’s nonpublic arbitration program runs afoul of the First Amendment’s right of access to the courts. For a link to the decision, click here.
The District Court sided with the Delaware Coalition for Open Government Inc. — a nonprofit that sued the Chancery Court and its five judges in November over the arbitration process, claiming it amounts to a “secret judicial proceeding.”