October 2009

Dutiel v. Tween Brands, Inc., No. 4743-CC and No. 484-CC (Oct. 28, 2009), read letter decision here. Read prior Chancery Court decision in this case highlighted on this blog here. In this most recent ruling, the Chancellor denied a motion for reconsideration of the Court’s selection of lead counsel in a consolidated class action.

Overview

This letter

eBay Domestic Holdings, Inc. v. Newmark, No. 3705-CC (Del. Ch. Oct. 29, 2009), read opinion here. See prior Chancery Court decisions in this case summarized here and here.  This letter decision rules on a Motion to Compel discovery responses and continuations of depositions.

Background and Prior Order

There were six separate aspects of the

In re John Q. Hammons Hotels Inc. Shareholder Litigation,  No. 758-CC (Del. Ch. Oct. 2, 2009), read opinion here. A prior decision in this case by the Court of Chancery  was highlighted here.

Kevin Brady, a highly respected Delaware litigator, prepared this synopsis.

This dispute arose out of the merger involving John Q. Hammons Hotels (“JQH”)

 Xu  v. Heckmann Corporation,  No. 4673-CC (Del. Ch. October 26, 2009), read opinion here.

The Chancellor of the Delaware Court of Chancery in this opinion decides a Motion to Dismiss Counterclaims involving issues related to fraud allegations against a director. The founder of a selling company, based in China, became a director of a U.S. corporate buyer as

Retirement Board of Allegheny County v. Rothblatt, et al., No. 4946-CC  (Del. Ch., Oct. 13, 2009), read opinion here.

Kevin Brady, a distinguished Delaware litigator, provides this case synopsis.

 Plaintiffs asked for expedited treatment in a preliminary injunction action brought to enjoin the exercise of options issued under an option exchange plan. On October 13, 2009

In LeCroy Corp. v. Hallberg, No. 4328-VCP (Del. Ch. Oct. 7, 2009), read opinion here, the Court of Chancery granted Defendants’ motion to dismiss an individual defendant from the action due to a lack of personal jurisdiction but denied defendants’ motion to dismiss based on forum non conveniens. For other cases involving forum non

In two actions involving challenges to a consummated acquisition, the Court of Chancery in In re Nymex Shareholder Litigation, Nos. 3621-VCN, 3835-VCN and Greene v. New York Mercantile Exchange, Inc., et al., No. 3835-VCN (Del. Ch. Sept. 30, 2009), read opinion here, dismissed a multitude of conclusory allegations regarding breaches of fiduciary duties of loyalty, due

Prof. Larry Ribstein, the country’s leading authority on LLCs and other alternative entities, has just announced his newest publication called "The Rise of the Uncorporation", posted here.

The abstract for Chapter One follows:

The analysis of business associations largely has been limited to corporations. Yet unincorporated firms, including general and limited partnerships and limited