Richard R. Wier, Jr. is Senior Counsel and handles employment and labor, health law and white collar criminal law matters in addition to complex litigation for businesses, selected individuals and employers. He brings to his law practice, an extensive resume and career as an attorney, public official and community advocate, which has resulted in national and local rankings and honors throughout his career. More recently, Dick has been certified by the Superior Court of the State of Delaware as a Mediator where he is available to help resolve disputes by Alternative Dispute Resolution (ADR) mechanisms such as Mediation and Arbitration in many civil matters, including labor and employment law.
Dick Wier served as Delaware's Attorney General, which is a statewide elected position, and was the youngest Attorney General elected at that time. He is the only Attorney General to prosecute a criminal case before a jury and successfully prosecuted a serial rapist in two Superior Court jury trials. He served as State Prosecutor for Delaware and was in charge of the Department of Justice's Criminal Division. He handled many of the major criminal cases in Delaware, including first degree murder, rape, kidnapping and other serious felonies. He had a 95 percent conviction rate.
As an employment and labor law attorney, Dick has successfully handled over a thousand matters, including successfully defending numerous public and private employers and officials, numerous matters involving discrimination, ethics violations, excessive force, wrongful termination and civil rights cases, to name a few. He has lectured and written extensively for over 30 years on employment and labor law matters and published a quarterly publication Insight into Employment Law. He has served as chairman and vice chairman of the Labor and Employment Law Section of the Delaware Bar Association and is a member of numerous labor and employment law groups, including the Labor and Employment Law Section of the American Bar Association. Dick completed two and a half years of training in the Masters in Labor and Employment Law at Temple University Law School, receiving a certification in Labor Law (Labor Law 1981-3).
As a health care attorney, Dick has represented many hundreds of professionals before licensing boards and professional agencies and in criminal matters. His significant experience in criminal and employment law provides a unique body of understanding of health care providers who are faced with civil and criminal prosecutions and investigations. He represents numerous medical, dental, nursing, chiropractic and other health care practices and professionals in malpractice, business and professional litigation, as well as credentialing issues before professional licensing boards. He represents the Delaware Dental Society and has represented numerous dentists and dental groups and other health care professionals in employment, licensing, non-compete covenants, non-solicitation, STARK, trade secrets, business issues and other matters. He has authored and presented to health care providers. Dick is a member of the DSBA Health Law Section and the Delaware State Chamber, Healthcare Committee.
In addition to his extensive prosecutorial experience, which spanned fourteen years, Dick has spent over 30 years successfully defending businesses and individuals accused of federal and state crimes. He has handled federal and state embezzlement cases, grand jury investigations, federal and state Medicaid violations, federal and state pornography cases, attempted first degree murder, rape and kidnapping, federal drug violations, numerous felonies and misdemeanors in Delaware and Pennsylvania. He served as chair of the Delaware Criminal Law Section from 1987-1992. He has successfully argued numerous cases before the state and federal courts, including the Delaware Supreme Court and the Third Circuit Court of Appeals. As Attorney General, Dick was involved, on behalf of Delaware, in a case argued before the Supreme Court of the United States brought by the original thirteen colonies over ownership of the territory up to the three-mile limit.
As Attorney General, Dick handled numerous civil and criminal matters and provided advice and representation to the state of Delaware and its officials and agencies. He personally litigated, as an example, a class action lawsuit in Florida on behalf of the crippled children and elderly of Delaware against the Trustees of the Nemours Foundation, which was successfully resolved with payments of at least $25 million a year since 1979 to the state of Delaware for the benefit of those beneficiaries. He successfully handled numerous white collar criminal cases and established one of the nation's largest white collar crime investigation efforts. As a result, he successfully prosecuted numerous public officials and, for the first time, personally argued and won the removal of a public official from the ballot under a constitutional provision prohibiting the official from holding public office due to his infamous crimes. He established for the first time the principle that a pardon does not remove the constitutional prohibition.
As an attorney with many hundreds of jury trials in civil and criminal matters, Dick has established a reputation for ethical and professional competence. As a result, he has been repeatedly honored by his peers with an AV Pre-eminent ranking, the highest ranking in legal competence and ethics. He has been honored by the Delaware General Assembly and by his Attorney General colleagues. Dick is consistently included in such publications as Who's Who in America, Who's Who in American Law, Super Lawyers, Best Lawyers in America, Best Lawyers in Delaware, where he has been recognized as one of the top labor and employment attorneys in Delaware-most recently in 2013. His previous firm was honored by U.S News & World Report as one of the top employment and labor law firms in the nation and in Delaware.
Because of Dick's extensive local and national contacts, he has testified before the United States Congress, the Delaware General Assembly and the Pennsylvania General Assembly in Harrisburg. He has lobbied for health care and criminal law issues and has drafted numerous pieces of legislation, including Delaware's Family Court Act, Delaware's first Child Abuse Reporting Act and banking legislation.
Dick is a member of SAGE (Society of Attorneys General Emeritus). Through that connection and others, he has handled numerous cases from and with Attorneys General throughout the nation. As Attorney General, Dick was honored by the National Association of Attorneys General and served as chair of the Charitable Trust Committee of the association. Dick is a registered lobbyist in Delaware. He has campaigned with, and is friends with, Senator Tom Carper and Vice President Joseph R. Biden. He successfully represented United States Senator Chris Coons when he was sued in his capacity as New Castle County Executive by a disgruntled employee. The suit was dismissed by the federal court. Dick brings these national and local connections in his representation of his clients in order to facilitate, if appropriate, the resolution of their issues. Dick has great respect for Governor Jack Markel and has just been appointed by Governor Markel to the Board of the Delaware Authority on Radiation Protection.
Significant Representative Matters
•NFL v. State of Delaware Lottery, 435 F. Supp. 1372 (D. Del. 1977). As Attorney General, successfully defended Delaware, together with special counsel Connolly, Bove and Lodge, in the NFL's challenge to sports betting, which was defeated in the federal District Court of Delaware in 1976. Recent challenges by the NFL resulted in the court holding that Delaware could sponsor sports betting limited to the betting approved and conducted in 1976.
•Wier ex. rel. State of Delaware v. A.I. duPont Board et. al. Suit brought as Attorney General to enforce the terms of the Will of Alfred I. duPont on behalf of Delaware's crippled children and elderly, which was successful and has brought to Delaware over $25 million per year since 1979.
•Wier ex.rel. Peterson, 369 A.2d 1076 (Del. 1976). Suit brought to enforce for the first time the Delaware Constitutional provision prohibiting persons convicted of an infamous crime from holding public office. Successful and established that a pardon did not abrogate the Constitutional prohibition.
•State v. Steigler, 277 A.2d 662 (Del. 1971), vacated by 408 U.S. 939 (1972). First degree murder conviction for the murder of Steigler's in-laws and his young daughter and for crimes against his wife. He was sentenced to life imprisonment after the death penalty was held unconstitutional in Furman v. Georgia.
•Bostic v. Smyrna School District et. al., 418 F.3d 355 (D. Del. 2005). A federal civil rights action under Title IX and 1983 against a school district and track coach arising out of the illegal sexual relationship the coach had with his underage student athlete. Verdict of $400,000 against the coach.
•Piretti v. Gardner, C.A. No. 94C-09-070 [$5.8 million jury verdict]. Successful civil jury trial against Raymond Gardner for the illegal sexual assault upon his wife's eight-year-old niece, resulting in what is believed to be the largest verdict in such a case of $5.8 million.
•Freebery v. New Castle County et.al., 589 F. Supp. 2d 409 (D. Del. 2008). Successful defense of a civil rights claim based upon the allegation that the plaintiff's termination violated his constitutional rights. The case is on appeal to the Third Circuit. Couden v. New Castle County et. al., 446 F.3d 483 (3d Cir. 2006); 2008 U.S. Dist. LEXIS 69314. Successful defense of a civil rights claim which is on appeal to the Third Circuit.
•Roarty v. LINA et.al. Successful ERISA claim awarding a $500,000 death benefit to the widow of a deceased employee. Just argued on appeal in the Third Circuit.
•Martin v. Pachulski et.al. Successful defense of a racial discrimination claim where the District Court granted our motion for Summary Judgment.
•Dickerson v. Town of Fenwick Island, C.A. No. 02-1643 KAJ. Successful civil rights action in federal court on behalf of a chief of police which was settled after a hearing before the town council.
•DeCherney v. Company, Fairfax Virginia , Chancery No.: 191084. Successful representation of a Virginia physician which held that his covenant not to compete was invalid and paved the way for him to work for a competitor.
•Petti v. O'Connor, 906 A.2d 807 (Del. 2006)[settled]. Successful representation of a patient who was prescribed Tobrodex and suffered permanent damage to her eye. The case settled just on the eve of trial.
•Gross v. Pediatrician, C.A. No.: 05C-09-204-WCC [settled]. Successful representation of a family whose baby died of a ruptured appendix after being seen by the doctor defendant and being released. The case settled shortly before trial.
•Standard Distributing Co. v. NKS, 1996 Del. Super. LEXIS 224. Successful representation of the plaintiff in claim arising out of breach of a coordinated bargaining agreement. Judgment for client in a nonjury case.
•Kappa Alpha v. University of Delaware, C.A. No.: 2345 - VCS [settled]. Successful representation of a fraternity which challenged a five-year suspension for underage drinking and which raised various due process issues in the administrative process. After litigation in the Court of Chancery and after extensive oral argument on the issues, the fraternity and the University settled the case and the fraternity was reinstated.
•For over twenty years, Mr. Wier has lectured extensively on employment law and criminal law matters. He has authored the Quarterly Publication Insight Into Employment Law.
•The Patient Protection and Affordable Care Act, Delaware State Dental Society, Fall 2012 Newsletter
•An Employer's Guide to Health Care Law, Delaware State Chamber of Commerce, Delaware Business, September/October 2012 Magazine
•Health Care Reform and Implications for Employers, DMGMA News, June 2012
•Health Care Reform and Implications for Employers, Delaware State Chamber of Commerce, Delaware Business, March/April 2012 magazine
•Protecting Your Practice Measures to consider in protecting your practice. Delaware State Dental Society, Fall 2012 Newsletter
•Employment Law Issues in the Workplace, Sterling Education Services' Employment Law Seminar, April 2013
•Prescription Drug Monitoring, Duty to Report, and Medicaid Fraud in Delaware, Delaware State Chamber of Commerce Healthcare Committee, April 2013
•The Impact of the Patient Protection and Affordable Care Act on Employers, Delaware State Bar Association Labor & Employment Section, April 2013
•Prescription Drug Monitoring and Compliance in Delaware, Delaware Nurses Association, March 2013
•Employment and Practice Issues Facing the Dental Profession, Delaware State Dental Society, February 2013
•Implications of the Patient Protection and Affordable Care Act for Employers, Association of Legal Administrators, First State Chapter, February 2013
Past Employment Positions
•Founder and President, Wier and Allen, P.A. (2009-2012)
•Founder and President, Richard R. Wier, Jr., P.A. (1992-2009)
•Partner, Prickett, Jones, Elliott, Kristol & Schnee (1979-1992)
•Attorney General of Delaware (1974-1979)
•State Prosecutor of Delaware (1970-1974)
•Deputy Attorney General of Delaware (1968-1970)
•Connolly, Bove & Lodge (1967-1968)
Honors & Awards
•Best Lawyers in Delaware
•Best Lawyers in America - Employment Law-Individuals, Employment Law-Management, Labor Law-Management, 2001-Present
•Best Lawyers in America Wilmington-DE Employment Law - Individuals Lawyer of the Year, 2014
•AV Preeminent by LexisNexis Martindale-Hubbell
•Bar Register of Preeminent Lawyers
•Who's Who in America
•Who's Who in American Law
•Who's Who in the East
•Commendations Delaware General Assembly, (1976, 1977)
•Honorary Life Member, National Association of Extradition Officials
•Society of Attorneys General Emeritus
Year Joined Organization: 2012