Delaware Civil Litigation Legal Questions

I'm very sorry for your loss.  A power of attorney gives an agent the power to act for a living person.  it has no effect after death.  The power to act on behalf of your wife's estate would be determined by her will and by the court in a probate proceeding or, if there is no will, by the court in an administration proceeding (those are the names in NY, they might be different in Dalaware, but whatever these proceedings are called, they will determine who can act on behalf of your wife's estate, not a power of attorney).... Read More

That depends on whether your loss was caused by the apartment complex's negligence.  If, for example, the robber stole a pass key from the apartment complex which it had failed to secure properly, or if a security guard fell asleep and allowed the robber to enter, the complex might be deemed liable.  Even if you have some evidence of such negligence, however, you should check your lease to see if there are any limitations of liability clauses.... Read More

The listing "John Doe d/b/a XYZ Co., LLC" is naming only one defendant, John Doe.  It is saying that John Doe is doing business under another name, but is not recognizing that the other name is an independent legal entity.  While only John Doe would need to appear, it is likely that one of John Doe's defenses will be that he is not personally liable on the plaintiff's claim, but rather the claim should have been brought against XYZ Co. LLC, which, assuming it is a valid LLC, is a separate legal entity.  Owners of separate legal entities, such as shareholders of corporations, limited partners of limited partnerships, members of llcs, etc., are not generally liable for the obligations of the entities they own, even if they are the sole owner of those entities.... Read More

You're asking whether elected legislatures can legally enact legislation which, although it doesn't violate either the State or Federal Constitution, is stupid.  I don't mean to be flippant, but the answer is self-evident UNLESS Milton's proposed law violates either a Delaware state law or a Federal law, either of which would have priority.... Read More

It is possible that bringing a suit many years after the statute of limitations had passed could be considered malicious prosecution, especially if the same claim had previously been dismissed on limitations grounds.  It is also possible that, if the claim is obviously time-barred, a Court may sanction the plantiff and/or his/her attorney for prosecuting a frivolous action.  Barring such egregious circumstances, however, I don't think you have a case.... Read More