On March 24, 2014, the U.S. Supreme Court declined to hear the Delaware Court of Chancery’s appeal of the Third Circuit Court’s ruling declaring its confidential arbitration program unconstitutional. In a one-page order, the Supreme Court stated that it would not grant certiorari in Delaware Coalition for Open Government v. Strine.

Previously this blog posted an article about the Third Circuit’s ruling declaring the private arbitration program of the Delaware Court of Chancery to be unconstitutional.  Click here to read this post.  The Third Circuit’s order can be found here.

This denial of certiorari means that the ruling by the U.S. Court of Appeals for the Third Circuit in October 2013 declaring the arbitration violates the public’s right to access civil trials under the First Amendment will stand.

Carl D. Neff is an attorney with the law firm of Fox Rothschild LLP.  Carl is admitted in the State of Delaware and regularly practices before the Delaware Court of Chancery, with an emphasis on shareholder disputes.  You can reach Carl at (302) 622-4272 or at cneff@foxrothschild.com.