Report: Delaware legal system remain nation’s best

A new survey by the U.S. Chamber of Commerce ranked Delaware first for the fairness and reasonableness of the state’s legal system, rating the state number one for the tenth consecutive time since the periodic surveys began in 2002. This year’s findings, based on interviews with a national sample of more than 1,200 in-house general counsel and other executives who are knowledgeable about business litigation, put Delaware in the top two in all ten of the report’s categories, including first place in overall treatment of tort and contract litigation and judges’ competence.

“This report reflects a relentless commitment to predictability and fairness in our laws and our judiciary, and it confirms that Delaware’s standing as a premier place to do business remains as strong as ever,” said Gov. Jack Markell. “But, most of all, the number one ranking recognizes the talented jurists across all of our courts who consistently demonstrate outstanding intellect and legal expertise that produce thoughtful decisions.”

Delaware’s favorable litigation environment is one of many reasons so many business are choosing to locate, grow and incorporate in Delaware. Recovering from the recent recession, the state set an all-time high for number of jobs and Delaware’s job growth continues to lead the region, while the unemployment rate continues to be below the nation’s. Led by private employers, the state has seen 38,000 jobs created since the depths of the recession and has been recognized as one of the states best-prepared for the new economy.

In addition, the corporate franchise continues to strengthen both nationally and internationally. Last year the state set historic highs in the number of new companies formed, the percentage of Fortune 500 companies incorporated in the state, and the percentage of US initial public offerings (IPOs) that are Delaware companies. The survey by the U.S. Chamber Institute for Legal Reform reaffirms that the state’s success is in large part due to the quality of Delaware’s laws and judges.

Survey categories (Delaware ranking):

• overall treatment of tort and contract litigation (1)
• having and enforcing meaningful venue requirements (1)
• treatment of class actions and mass consolidation lawsuits (1)
• punitive damages (1)
• timeliness of summary judgment or dismissal (1)
• judges’ competence (1)
• discovery (2)
• handling of scientific and technical evidence (2)
• judges’ impartiality (2)