The Efficient Delaware Court System Attracts Business

Your editorial "Biden & Partners" (Oct. 1) states that "Mr. Biden has been helping the tort bar turn his home state of Delaware into a statewide Madison County." Wrong: Delaware is no Madison County; and neither Sen. Joe Biden nor his son Beau, the Delaware Attorney General, has done anything to harm Delaware's reputation for administering fair and prompt justice. Cases are filed in Delaware because plaintiffs have access to judges who are rated as the best state judges in the country and because the system works fairly for all parties. According to the U.S. Chamber Institute for Legal Reform, "Delaware ranks first among all fifty states in the fairness of its litigation environment, a position it has held for seven years running." (See U.S. Chamber Institute for Legal Reform, 2008 U.S. Chamber of Commerce state liability systems ranking study). The increase in tort cases in Delaware is because Delaware is such an efficient place to litigate, not because the senator or his son has done anything improper.

After the filings of toxic tort cases increased in Delaware, the Delaware Superior Court appointed an impartial and independent committee to investigate the reasons for the filings, how the cases were handled, and whether the increase in toxic tort cases was overwhelming the Delaware courts. That committee released a comprehensive Report earlier this year (See Special Committee on Superior Court Toxic Tort Litigation, Delaware State Bar Association, report and recommendations (May 9, 2008)). The report found that there were no improprieties in connection with the filings or the handling of these toxic tort cases in Delaware. Based upon submissions and testimony from the lawyers and parties, both plaintiffs and defendants feel that they have been treated fairly and that the Delaware courts were handling the cases extremely efficiently. One defendant company wrote the Committee about the Delaware courts' handling of these cases: "[B]ut for this Court's capable management of this influx of cases, the Delaware Court system might have lost its number one ranking for 'Fairness in Litigation Climate for Business in the United States.' "

As Delaware's senior senator, Joe Biden has done much on behalf of the residents of Delaware, but he has had no role in directing cases to Delaware or determining how Delaware judges decide cases. Any inclination for litigants to properly file matters in Delaware is a testament to efficient courtrooms, highly competent counsel, and dedicated and fair judges.

Allen M. Terrell Jr.
President
Delaware State Bar Association
Wilmington, Del.