Judge Jennifer L. Hall – Nominee to the U.S. District Court for the District of Delaware

U.S. Magistrate Judge Jennifer Hall has extensive experience litigating in Delaware federal court and is now poised to join it with a lifetime appointment.

Background

Jennifer L. Hall received a B.S. from the University of Minnesota in 1997, her M. Phil. from Yale University in 2000, her Ph.D. from Yale University in 2003, and her J.D. from the University of Pennsylvania School of Law in 2006. After graduating, Hall clerked for Judge Sharon Prost on the U.S. Court of Appeals for the Federal Circuit and then for Judge Kent Jordan on the U.S. Court of Appeals for the Third Circuit.

Hall subsequently joined Fish & Richardson, where she spent three years as an Associate before becoming a federal prosecutor in Delaware. She subsequently became Chief of the Civil Division of the U.S. Attorney’s Office in 2015.

In 2019, Hall became a U.S. Magistrate Judge on the U.S. District Court for the District of Delaware, where she currently serves.

History of the Seat

Hall has been nominated for a vacancy that will open by Judge Richard Andrews’ move to senior status on December 31, 2023.

Legal Experience

After her clerkships, Hall started her legal career at the firm of Fish & Richardson where she represented plaintiffs in a patent infringement suit over a generic version of the pain drug Amrix, which concluded in a bench trial before Judge Sue L. Robinson. See In re Cyclobenzaprine Hydrochloride, 794 F. Supp. 2d 517 (D. Del. 2011).

From 2011 to 2019, Hall worked as an AUSA in Delaware, handling both affirmative civil cases (brought by the government) and defensive ones. Compare United States v. Energy Solutions, Inc., 265 F. Supp. 3d 415 (D. Del. 2017) with LKQ Corp. v. U.S. Dep’t of Homeland Security, 369 F. Supp. 3d 577 (D. Del. 2019). Among her larger cases, Hall was lead counsel in challenging the acquisition of Andrews County Holding, Inc. by the defendants, arguing that the acquisition would significantly affect competition for disposal of low-level radioactive waste. United States v. Energy Solutions, Inc., 265 F. Supp. 3d 415 (D. Del. 2017). In 2017, U.S. District Judge Sue Robinson enjoined the merger as a violation of the Clayton Act. See id. at 446.

Hall also handled some criminal cases, including arguing appeals before the Third Circuit. See, e.g., United States v. Boney, 769 F.3d 153 (3d Cir. 2014).

Judicial Experience

Since 2019, Hall has served as a U.S. Magistrate Judge, presiding over discovery issues, pretrial release, administrative cases, and cases with the consent of the parties.

Among her notable decisions, Hall conducted a bench trial in response to an Eighth Amendment claim brought by Christopher West, an incarcerated individual, who alleged that he was deprived of a mattress. See West v. Emig, C.A. No. 13-2103-JLH (D. Del. Oct. 24, 2022) (Memorandum Opinion). Hall made a factual finding that West had been deprived of a mattress for a period of one month, but noted that the deprivation was based on a legitimate penological interest, as West had developed a habit of ripping over mattresses and swallowing the filling. See id. As a conclusion, Hall found both that West had not established an Eighth Amendment violation and that the officers were entitled to qualified immunity. See id.

Among the reports and recommendations she authored, Hall recommended the denial of a motion to dismiss racial and religious discrimination claims brought by a black muslim firefighter, while recommending the granting of contractual discrimination and hostile work environment claims, noting that the complaint failed to allege facts supporting those claims. See Ferrell v. City of Wilmington, C.A. No. 21-1593-RGA (D. Del. Feb. 1, 2023).

Overall Assessment

Like fellow Delaware nominees Leonard Stark, Gregory Williams, and Tamika Montgomery-Reeves, Hall has an unimpeachable resume for her position and little in her background that should cause controversy. She should be confirmed well in advance of Andrews’ move to senior status.

Gregory Williams – Nominee to the U.S. District Court for the District of Delaware

A fixture of the Delaware legal community, Fox Rothschild partner Gregory Williams is poised for a smooth confirmation to the Delaware federal bench.

Background

Gregory Brian Williams attended the Millersville University of Pennsylvania, getting his B.A. and B.Sc. in 1990. After graduating, Williams served in the Army Reserve until 1992, when he attended and got a J.D. from Villanova University School of Law in 1995.

Williams subsequently joined the Wilmington, Delaware office of Fox Rothschild LLP, becoming a Partner in 2003. Williams is still with the firm.

History of the Seat

Williams has been nominated for a vacancy opened by Judge Leonard Stark’s elevation to the U.S. Court of Appeals on the Federal Circuit. Williams was recommended for the seat by Delaware Senators Carper and Coons.

Legal Experience

Williams has spent his entire legal career at the firm of Fox Rothschild, where he focused primarily on intellectual property and commercial law. Among his notable cases at the firm, Williams represented the pharmaceutical company Ethypharm SA France in an antitrust suit against Abbott Laboratories. See Ethypharm SA France v. Abbott Labs., 271 F.R.D. 82 (D. Del. 2010). He was also lead counsel in defending Intervet, Inc. against an infringement suit for porcine circovirus vaccines. See Wyeth LLC v. Intervet, Inc., 771 F. Supp. 2d 334 (D. Del. 2011). Outside of Delaware, Williams defended Megabus in a D.C. suit for racial discrimination, intentional infliction of emotional distress, and assault. See Davis v. Megabus Northeast LLC., 301 F.Supp.3d 105 (D.D.C. 2018).

Williams has also handled appellate matters, including arguing before the Delaware Supreme Court in an eminent domain case involving the Delaware Department of Transportation. See Lawson v. State, 72 A.3d 84 (Del. 2013).

Writings and Statements

Outside of his role at Fox Rothschild, Williams has been active in the Delaware legal community, including serving as President of the Delaware State Bar Association and as Chair of the state’s Judicial Nominating Commission. In his various capacities, Williams has sometimes spoken and written on the law. For example, in 1999, Williams was interviewed as part of an article discussing the effect of Y2K. See The Millenium Bug, Journal of Business Strategy (1998). He also spoke in favor of electronic filing in Delaware federal courts. See Sean O’Sullivan, U.S. District Court Starts Electronic Filing; Legal Documents Will Be Available on Web, The News Journal, Mar. 6, 2005.

Overall Assessment

While many of Biden’s judicial nominees have attracted strong GOP opposition, Williams is likely to face a relatively uncontroversial confirmation. With a background in commercial and patent litigation, and a paucity of controversial statements, Williams should expect a confirmation within the next three months.

Maryellen Noreika – Nominee for the U.S. District Court for the District of Delaware

The U.S. District Court for the District of Delaware, one of the nation’s busiest trial courts, is currently down two judges.  In seeking common ground with the state’s two Democratic senators, the Trump Administration has agreed to nominate two candidates recommended by them: one is a Republican former-U.S. Attorney, Colm Connolly; the other is Maryellen Noreika, a commercial litigator and a Democrat.

Background

Maryellen Noreika was born in Pittsburgh, Pennsylvania on July 12, 1966.  Noreika attended Lehigh University in Pennsylvania, getting a Bachelor in Science in 1988.[1]  After graduating, Noreika received an M.A. in Biology from Columbia University and then a J.D. magna cum laude at the University of Pittsburgh.

After graduating law school, Noreika joined Morris, Nichols, Arsht & Tunnell LLP, where she had been a summer associate.[2]  While at the firm, she briefly overlapped with her fellow nominee Connolly, who was a partner at the firm before his appointment as U.S. Attorney.  In 2001, Noreika became a partner at the firm and has served in that capacity until the present.

History of the Seat

Noreika has been nominated for a vacancy on the U.S. District Court for the District of Delaware.  This seat was opened by Judge Gregory Sleet’s move to senior status on May 1, 2017.  Noreika’s nomination was recommended and made in tandem with that of Connolly’s, who was nominated to fill a second vacancy on the court.

In mid-2017, Noreika interviewed with the selection committee set up by Senators Tom Carper and Chris Coons (D-DE).[3]  Noreika was one of three candidates recommended by the committee.[4]  She was formally nominated on December 20, 2017.

Legal Experience

Noreika has spent virtually her entire legal career at the firm of Morris, Nichols, Arsht & Tunnell LLP, starting as a summer associate while in law school, becoming an associate after she graduated, and finally becoming a partner in 2001.[5]  While at the firm, Noreika solely practiced civil litigation, primarily focusing on intellectual property issues.[6]  Among the most prominent cases she handled, Noreika represented a drug manufacturer in a successful suit based on infringement of hydrocone patents.[7]

In another notable case, Noreika represented Paradox Entertainment, whose character Red Sonya had been sued for trademark infringement by Red Sonja LLC.[8]  Serving as lead counsel for Paradox, Noreika was able to settle the infringement suit on the second day of trial for nominal damages of $1.[9]

Political Activity

Noreika may be a registered Democrat but she has donated several times to Republicans including the Presidential campaigns of John McCain and Mitt Romney.[10]  Noreika has also donated $3000 to Sen. Tom Cotton (R-AR) and $1000 to then-Sen. Rick Santorum in 2005.[11]  On the other side, Noreika gave $1000 to Sen. Hillary Clinton (D-NY) in 2008 as well as $1000 to the DSCC in 2009.[12]

Overall Assessment

The federal trial court in Delaware is home to some of the most complex commercial litigation in the country.  As such, Noreika, with the depth of her experience, is well-suited to this specialized jurisdiction.  While Noreika lacks the criminal experience to handle a significant portion of her docket, her civil experience more than makes up for this deficiency.

Furthermore, given Noreika’s strong support from Delaware’s senators, she is likely to be confirmed comfortably.  Additionally, as Noreika is, on one hand, a registered Democrat, and, on the other, a frequent donor to Republican candidates, both sides are likely to find her an acceptable choice.


[1] Sen. Comm. on the Judiciary, 115th Cong., Maryellen Noreika: Questionnaire for Judicial Nominees 1.

[2] See id. at 2.

[3] Id.

[4] See Tom McParland, Sources: Trump to Tap Connolly, Noreika for Delaware District Court, Delaware Law Weekly, Sept. 22, 2017, https://www.law.com/delawarelawweekly/sites/delawarelawweekly/2017/09/22/sources-trump-to-tap-connolly-noreika-for-delaware-district-court/.  

[5] See Noreika, supra n.1 at 9-10.

[6] See id. at 10.

[7] Recro Gainesville LLC v. Actavis Laboratories FL Inc., C.A. No. 14-1118 (GMS) 2017 WL 710051 (D. Del. Feb. 24, 2017).

[8] Red Sonja LLC v. Paradox Entertainment Inc., C.A. No. 06-270 (SLR) (D. Del.).

[9] Sen. Comm. on the Judiciary, 115th Cong., Maryellen Noreika: Questionnaire for Judicial Nominees 15.

[10] Center for Responsive Politics, https://www.opensecrets.org/donor-lookup/results?name=maryellen+noreika&order=desc&sort=D (last visited Jan. 31, 2018).

[11] See id.

[12] Id. 

Colm Connolly – Nominee for the U.S. District Court for the District of Delaware

Ten years ago, Colm Connolly’s nomination for a federal judgeship failed due to the opposition of a home state senator.  Now, he is getting a second opportunity, one that is much more likely to be successful.

Background

A native Delawarean, Colm Felix Connolly was born in Wilmington on October 18, 1964.  Connolly attended the University of Notre Dame, getting his B.A. in 1986.[1]  After graduating, Connolly moved to London to get a Masters in Science from the London School of Economics.  After the program, Connolly joined the Delaware Department of the Treasury as Special Assistant to the Secretary.[2]

In 1988, Connolly joined the Duke University School of Law, getting a J.D. in 1991.[3]  After graduating, Connolly clerked for Delaware native Judge Walter Stapleton on the U.S. Court of Appeals for the Third Circuit.[4]

After his clerkship, Connolly joined the U.S. Attorney’s Office for the District of Delaware, working as a federal prosecutor under U.S. Attorney Gregory Sleet.[5]  After seven years there, Connolly left to join Morris, Nichols, Arsht & Tunnell LLP.[6]

In 2001, Connolly was selected by newly elected President George W. Bush to serve as the U.S. Attorney for the District of Delaware.[7]  Connolly served as U.S. Attorney throughout the Bush Administration, resigning upon the election of President Obama to join Morgan Lewis & Brockius LLP as a partner.[8]  Connolly serves as a partner there currently.

In late 2006, U.S. District Judge Kent Jordan was elevated to the Third Circuit, and Connolly was considered the prime candidate to replace him.[9]  In March 2007, U.S. Rep. Mike Castle (R-DE) recommended Connolly to fill the vacancy left by Jordan.[10]  On February 26, 2008, Bush formally nominated Connolly for the seat.[11]  However, Connolly did not have the support of then-U.S. Sen. Joe Biden, who used his blue slip to block the nomination.[12]  As such, Connolly’s nomination never received a hearing or a vote.

History of the Seat

Connolly has been nominated for a vacancy opened by Judge Sue Lewis Robinson’s move to senior status on February 3, 2017.  Connolly’s nomination was recommended and made in tandem with that of Maryellen Noreika, a Democrat, who was nominated to fill a second vacancy on the court.

In November 2016, after the election of Donald Trump, Connolly reached out to U.S. Senator Tom Carper (D-DE) to express his interest in the seat opening up by Robinson’s retirement.[13]  In mid-2017, Connolly interviewed with the selection committee set up by Carper and U.S. Sen. Chris Coons (D-DE).[14]  Connolly also interviewed with a parallel process led by Delaware Republican Party Chairman Mike Harrington Sr.[15]  Ultimately, Connolly was the only candidate recommended by both processes.[16]  He was formally nominated on December 20, 2017.

Legal Experience

Connolly’s twenty-five years in legal practice can be broken down into two parts: fifteen years as a federal prosecutor; and ten in private practice.

U.S. Attorney’s Office

In 1992, Connolly joined the U.S. Attorney’s Office for the District of Delaware, primarily handling criminal cases, including drug and firearm crimes, money laundering, and civil rights violations.[17]  In 1997, Connolly was the lead attorney in the most significant case of his career, the prosecution of prominent Delaware attorney Thomas Capano for the murder of his mistress Anne Marie Fahey.[18]  As the head of the prosecution, Connolly developed the investigation plan and worked with witnesses to build the case against Capano.[19]  Connolly also led the examination of witnesses, including Capano, prompting an outburst with Capano calling Connolly a “heartless, gutless, soulless disgrace for a human being.”[20]  Ultimately, Connolly was able to secure a guilty verdict and the death penalty for Capano,[21] although the penalty was ultimately overturned by the Delaware Supreme Court.

In 2001, the 36-year-old Connolly was appointed to be U.S. Attorney for the District of Delaware.  In his role as U.S. Attorney, Connolly dramatically increased the rate of prosecutions in the office.[22]  Among his prosecutions, Connolly helped secure the largest forfeiture in Delaware history.[23]  Connolly’s prosecutorial zeal also attracted some criticism.  After Connolly indicted the Democratic leadership in New Castle County, the defendants complained that his conduct was motivated by political considerations.[24]

In 2007, Connolly’s name was found on a Justice Department list designating U.S. Attorneys to be removed or fired.[25]  The concerns regarding Connolly were never made clear and Connolly served out his term as U.S. Attorney until the end of the Bush Presidency.[26]

Private Practice

Connolly has had two stints in private practice.  First, Connolly worked as a partner with Morris, Nichols, Arsht & Tunnell, working primarily in civil litigation.[27]  Second, after leaving the U.S. Attorney’s Office in 2009, Connolly has worked as a partner at Morgan, Lewis & Bockius LLP.[28]  In this capacity, Connolly has handled primarily commercial litigation, but has also handled a few criminal defense matters.  Among his more prominent clients, Connolly represented Kathy Klyce, the widow of Jack Wheeler, a prominent defense consultant who was found dead in a landfill in 2010.[29]

Political Activity

Connolly has been active with the Delaware Republican Party, serving in volunteer capacities on the campaigns of former-U.S. Sen. Bill Roth (R-DE), former-U.S. Rep. Mike Castle (R-DE), and as the co-chair of Delaware Lawyers for Bush.[30]  Additionally, Connolly has donated to the Republican Party of Delaware, U.S. Rep. Susan Brooks (R-PA), former U.S. Rep. Pat Meehan (R-PA) and the 2012 campaign of Mitt Romney.[31]

Overall Assessment

While Connolly may have faced disappointment the first time he was tapped for the federal bench, all signs point to a smooth confirmation this time around.

First of all, unlike last time, Connolly has the support of his home state senators, with Carper and Coons expressing their support for the nomination.[32]  Second, Connolly is also appearing before a Republican controlled senate (with no judicial filibuster).  As such, unified Republican support (and the support of his home-state Democrats) should be enough to confirm him.

On a more substantive level, Connolly is well-qualified for a federal judgeship.  His years as a federal prosecutor should leave him well-equipped to handle criminal trials and sentencing as a judge.  Additionally, his time in private practice has given him the requisite civil experience as well.

As such, barring any Petersen-like slip-ups in his hearing, Connolly is a strong bet for a bipartisan confirmation.  With the overburdened federal court in Delaware already half-empty, his future colleagues will only be too pleased to get some relief.


[1] Sen. Comm. on the Judiciary, 115th Cong., Colm Connolly: Questionnaire for Judicial Nominees 1.

[2] See id. at 2.

[3] See id. at 1.

[4] See id. at 2.

[5] Id. 

[6] See id. at 2.

[7] Id.

[8] Id.

[9] David M. Drucker, Down on the Farm, Roll Call, May 8, 2007.

[10] Editorial, Judicial Appointments; Your Move, Senators, Philadelphia Inquirer, May 12, 2008.

[11] See id.

[12] See id.

[13] Sen. Comm. on the Judiciary, 115th Cong., Colm Connolly: Questionnaire for Judicial Nominees 64.

[14] Id.

[15] See Tom McParland, Sources: Trump to Tap Connolly, Noreika for Delaware District Court, Delaware Law Weekly, Sept. 22, 2017, https://www.law.com/delawarelawweekly/sites/delawarelawweekly/2017/09/22/sources-trump-to-tap-connolly-noreika-for-delaware-district-court/.  

[16] See id.

[17] Sen. Comm. on the Judiciary, 115th Cong., Colm Connolly: Questionnaire for Judicial Nominees 50.

[18] Id.

[19] George Anastasia and Bill Ordine, Federal Pressure Got Too Much for the Capanos/Were the Government’s Tactics Too Much? They are Routine – and Legal – Lawyers Say, The Philadelphia Inquirer, Nov. 23, 1997.

[20] Nation in Brief, Governor Prods Ramsey Inquiry, Atlanta Journal and Constitution, Jan. 5, 1999.

[21] George Anastasia, Capano Gets Death in Killing of Fahey/A Judge Scheduled the Execution for June 28. Appeals are Likely to Push the Date Back, Philadelphia Inquirer, Mar. 17, 1999.

[22] Editorial, Judicial Appointments; Your Move, Senators, Philadelphia Inquirer, May 12, 2008.

[23] Keith J. Kelly, Cond Gets Conned – Back-Office Manager Allegedly Embezzled $5.9M, N.Y. Post, Jan. 7, 2005.

[24] Local News, Federal Panel Indicts Top New Castle County Officials, Philadelphia Inquirer, May 27, 2004.

[25] David Johnson & Neil A. Lewis, Senate Democrats Plan A Resolution of Gonzales, N.Y. Times, May 18, 2007.

[26] Dan Eggen and Amy Goldstein, No-Confidence Vote Sought on Gonzales, Wash. Post, May 18, 2007.

[27] Sen. Comm. on the Judiciary, 115th Cong., Colm Connolly: Questionnaire for Judicial Nominees 50-51.

[28] Id. at 51.

[29] Steve Volk, Jack Wheeler Helped Build the Vietnam Wall and Worked for the White House & the Pentagon. How did he end up Dead in a Landfill?, Wash. Post, May 28, 2017.

[30] Sen. Comm. on the Judiciary, 115th Cong., Colm Connolly: Questionnaire for Judicial Nominees 48.

[31] Center for Responsive Politics, Open Secrets, https://www.opensecrets.org/donor-lookup/results?name=colm+connolly&order=desc&sort=D (last visited Jan. 30, 2018).

[32] Press Release, Office of Sen. Christopher Coons, Carper, Coons’ Judicial Candidates Nominated for U.S. District Court Bench, Dec. 29, 2017 (on file at http://www.coons.senate.gov).