Bonus Payment Awarded to Plaintiff in addition to Attorneys’ Fees
In Raider v. Sunderland, download file, the Chancery Court awarded a bonus payment to the individual plaintiff, to be deducted from class counsel’s fees. The court allocated an amount to the class representative based on a careful consideration of the … Continue reading
New Articles on Delaware Corporate and Commercial Law
The current issue of the ABA publication The Business Lawyer, just came in the mail today (though the cover describes it as the August 2005 edition), and there are several articles by luminaries and living legends on topics of Delaware … Continue reading
Justice Alito
Judge Alito is now Justice Alito, now that the Senate has confirmed him this morning, as reported by law.com and now that he has been sworn in, as reported by CNN.
Advancement v. Indemnification and Integration Clauses
In Brady v. i2 Technologies, Inc., download file, the Chancery Court interprets several agreements which provided for advancement and indemnification. It interpreted the integration clause of a later agreement in such a way that it continued to allow the advancement … Continue reading
Dilution; Preemption and Arbitrability Addressed
Flight Options International v. Flight Options LLC, 2005 WL 2335353 (Del.Ch.), download file, involved two members of an LLC for which all of the capital and credit needed to maintain the company was provided by the majority owner. The parties … Continue reading
Alito Update
The New York Times reports that the Senate voted today to end debate (and avert a filibuster) on the nomination of Judge Alito, thereby almost assuring his confirmation tomorrow: Senate Votes to End Debate on Alito Nomination – New York … Continue reading
Illegality Defense Barred Majority of Claim
In Penn Vending Co. v. Ronald D. Savage, Inc., et al., download file, plaintiff brought counts against defendants for alleged breach of contract and lost profits in the amount of $220,000. Most of the claim was denied based on the … Continue reading
Local Counsel Not Liable for Pro Hac Lawyer’s Acts
Last month a New Jersey appellate court found that despite local counsel being responsible for the course of litigation conducted by pro hac vice counsel, local counsel does not have absolute liability for out-of-state counsel’s misdeeds. Masone v. Levine, N.J. … Continue reading
Teflon Directors
Larry Ribstein comments on an article in the New York Times about directors who continue to serve despite less than stellar records.
Arbitrability Issues Addressed Again
Vice Chancellor Strine decided a second case this month dealing with arbitrability of a claim, based on an interpretation of an arbitration clause and whether it covered the claims being presented to the court. Douzinas v. American Bureau of Shipping, … Continue reading
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