Attorneys Fees and Bad Faith
In Acierno v. Goldstein, download file, a case involving adverse possession and related claims, the court made a partial award of attorneys’ fees after concluding that replies to interrogatories which were false, and which were not retracted, constituted bad faith, … Continue reading
Motion for Reargument of Preliminary Injunction Denied
In W.L. Gore and Associates, Inc. v. Wu, download file, a TRO had issued, and then the parties stipulated to a Preliminary Injunction Order. Many months later, the defendant determined the the scope of the order was too broad, and … Continue reading
Appraisal Decision
Henke v. Trilithic, Inc. , download file. This is an appraisal action under Section 262 of the DGCL. The court found that neither party carried its burden of satisfying the court by a preponderance of the evidence that its expert … Continue reading
Value of a Put Option
The blog called Mercer on Value provides a copy of the transcript of the recent ruling from the bench (that the court reserves the right to edit), regarding a valuation issue between Nextel and Sprint.
Another Case Finding No Conflict with Federal Law
In Romero v. Career Education Corporation, download pdf file, the Chancery Court recently denied a motion for reargument and upheld a prior decision, that I wrote about here, which found that the right to demand books and records under Section … Continue reading
Procedural and Substantive Arbitrability
In Mehiel v. Solo Cup Co., download pdf file, the court again addressed the difference between substantive and procedural arbitrability of issues subject to an arbitration agreement, as posted here in a prior decision involving the parties. The court also … Continue reading
No Conflict between SEC and Delaware Law
A few days ago, the Chancery Court ruled that the DGCL requirement that a company hold an annual shareholders’ meeting, was neither in conflict with nor pre-empted by an SEC requirement that audited financial statements be made available prior to … Continue reading
Supreme Court Rules on Advancement of Fees
Yesterday, the Delaware Supreme Court placed another nail (perhaps the final nail?) in the coffin of defenses to a claim for advancement of fees. In Homestore, Inc. v. Tafeen, download pdf file, the court rejected defenses of laches, unclean hands, … Continue reading
More on SCOTUS Nominee Judge Alito
Based on the theory that the substantive views of a SCOTUS nominee should be of interest to all lawyers, Professor Bainbridge’s post, with a link to the text of a 1985 application/narrative that Judge Alito sent to former Attorney General … Continue reading
Business Need Not Serve Everyone
The Delaware Supreme Court recent reversed a decision of the Delaware Human Relations Commission and agreed with the actions of a business in refusing entry to a dog. The business, a casino and race track called Dover Downs, refused admission … Continue reading
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