Delaware Supreme Court Rules on Attorney Conduct
The Delaware Supreme Court, in two opinions published this month, addressed issues of attorney conduct that should be of broad interest. In the case of In Re Abbott, read opinion here, the Delaware Supreme Court addressed the propriety of rhetorical extremes contained in a brief, … Continue reading
Daubert Hearing Required Before Deciding Motion to Exclude Expert Testimony
Wilmington Hospitality, LLC v. New Castle County, (Del. Super., April 26, 2007) read opinion here. This case involved a lengthy dispute over the construction of a hotel in Wilmington for which a Certificate of Occupancy was denied due to the … Continue reading
Quantum Meruit Claim; Mechanics’ Lien and AIA Agreement Analyzed
Daystar Sills, Inc. v. Anchor Investments, Inc. ,(Del. Super., April 12, 2007), read opinion here. This case involved a mechanics’ lien claim based on Chapter 27 of Title 25 of the Delaware Code. The defendant filed a Motion to Dismiss claiming … Continue reading
Delaware and the SEC
Prof. Larry Ribstein has a post here about an issue that Sunrise Senior Living is confronting (as reported by the New York Times), regarding tension between a Delaware statute requiring annual meetings and the apparent inability, currently, of Sunrise to comply with a federal … Continue reading
Thank you, Professor B.
I am extremely grateful for the kind words about my blog penned by the prolific and nationally-respected corporate law expert Professor Bainbridge here in his post announcing that he was adding me to his blogroll on his widely-read blog, appropriately titled: … Continue reading
Electronic Discovery in the U.S. District Court for the District of Delaware
Electronic Discovery in the U.S. District Court for the District of Delaware is addressed in the Default Standards for Discovery of Electronically Stored Information. These Default Standards were promulgated by Chief Judge Sue Robinson several years ago and very recently they … Continue reading
Duties of Directors of Insolvent Delaware Corporations
Prof. Stephen Bainbridge compiles here excerpts from his own writings, and those of others, regarding the issues addressed in the recent Delaware Supreme Court decision rejecting a direct claim by creditors against directors of an insolvent corporation in North American … Continue reading
Buyer Beware
Michael Pittenger and his colleagues at the Potter Anderson firm in Wilmington, Delaware have prepared a useful memorandum accessible here (via the Harvard Corporate Governance Blog) that summarizes recent Delaware Chancery Court decisions that describe fiduciary duties incumbent upon a buyer’s board … Continue reading
“Fees On Fees” For Indemnification Claim Not Allowable Unless Claim Succeeds
In Levy v. HLI Operating Co., Inc., 2007 WL 1452934 (Del. Ch., May 16, 2007), read opinion here, the Delaware Chancery Court decided as a matter of Delaware public policy and statutory interpretation, that a contract will not be enforced to the … Continue reading
Delaware Supreme Court Allows SEC To Ask Questions
The Delaware Legislature recently amended the Delaware State Constitution to allow the SEC to ask the Delaware Supreme Court to answer questions of Delaware law. Previously, Delaware’s high court was only procedurally authorized to accept certified questions of Delaware law from trial … Continue reading
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