Chancery Rejects Preliminary Injunction Request to Stop Controlling Shareholder’s Tender Offer for Remaining Shares
In Abrons v. Maree, read opinion here , the Chancery Court rejected a request for a preliminary injunction to stop the tender offer of a controlling shareholder for the remaining shares it did not own. The court reviewed the prerequisites for … Continue reading
Attorneys’ Fees Awarded Based on Bad Faith Exception to American Rule
The case of In Re: Grupo Dos Chiles, LLC, read opinion here, is an example of the rare exception to the general rule (known as the American rule) that each party “pays his own way” in a lawsuit, regardless of victory. … Continue reading
Summary Judgment Standard; Delaware Wage Payment and Collection Act; and “Law of the Case” Addressed.
In Advanced Litigation, LLC v. Herzka, read opinion here, the Chancery Court decided a motion for summary judgment involving claims for misappropriation of trade secrets and conversion, as well as a counterclaim and third-party complaint for unjust enrichment and violation … Continue reading
Court to Litigants: Choose Between Motion to Dismiss or Motion for Summary Judgment
In Bedrock Technologies, LLC v. Earthwater Technology International, Inc., read opinion here, the Chancery Court employs a short letter opinion to provide instructional tips for practitioners on the procedural distinction between a motion to dismiss and a motion for summary judgment. In essence, … Continue reading
Pre-Judgment Interest Granted in Award For Advancement of Fees
In Citrin v. International Airport Centers LLC, read opinion here , the Chancery Court granted prejudgment interest on a successful claim for advancement of fees. The interest was calculated to start ten days after the date of the first demand … Continue reading
Stay Denied In DGCL 220 Case Pending Appeal
In Wynnefield Partners Cap Value L.P. v. Niagara Corporation, read opinion here, the Chancery Court decided a motion for a stay pending an appeal of a prior decision summarized here, which granted a demand for documents under Section 220 of the DGCL. The … Continue reading
Delaware Chancery Court Jurisdiction Summarized in Article Quoting Yours Truly
Our local newspaper, The Wilmington News Journal, published an article today by Maureen Milford that provides an overview of the Chancery Court’s jurisdiction. It includes a question and answer session with Chancellor Chandler as well as highlights of some well-known … Continue reading
Section 220 Demand Requires “Credible Basis” of Wrongdoing
In Seinfeld v. Verizon Communications, read opinion here, the Delaware Supreme Court on September 25 provided clarification for the requirements of DGCL Section 220. Describing what the court referred to as well-settled prerequisites that must be satisfied before a shareholder can successfully … Continue reading
Dismissal Due To Subject Matter Jurisdiction–Transfer to Proper Court Within 60 Days
In Benge v. Oak Grove Motor Court, Inc., read opinion here, the Chancery Court addressed a rather unusual issue: What is the deadline to transfer a case to the proper court when the case was dismissed for lack of subject … Continue reading
Implied Duty of Good Faith and Fair Dealing in Contract Does NOT Require Waiver of Express Contract Right
In Superior Vision Service, Inc. v. ReliaStar Life Insurance Company, read opinion here, the Chancery Court ruled that where shareholders of a closely-held corporation negotiated a formal agreement not to issue dividends, one party who refused to amend the agreement due … Continue reading
View My Twitter Profile
View My LinkedIn Profile
View My Facebook Profile
View This Blog's Facebook Network