Judicial Activism Defined, and the Judicial Branch v. Executive Branch
I hope that my regular readers will excuse this short diversion of an "off topic" court decision. Very briefly, I want to note a recent en banc decision of the U.S. Court of Appeals for the Second Circuit that weighs in at 184 pages … Continue reading
Court of Chancery Dismisses Challenge to Asset Purchase Agreement; Discusses Ramifications of Freedom of Contract in Purchase Agreement
Airborne Health, Inc. v. Squid Soap, LP, C.A. No. 4410-VCL (Del. Ch., November 23, 2009), read opinion here . A prior decision of the Court in this case was highlighted here. This synopsis was prepared by Kevin Brady and Ryan … Continue reading
Chancery Court Explains Expansive Scope Allowable in Section 225 Suits; Applies Res Judicata to Bar Claims Not Pursued in Prior Section 225 Case
In Levinhar v. MDG Medical, Inc., No. 4301-VCS (Del. Ch., Nov. 24, 2009), read opinion here, the Delaware Court of Chancery explains the expansive scope of claims allowable in a summary proceeding pursuant to Section 225 of the Delaware General Corporation Law (DGCL). Section … Continue reading
Delaware Supreme Court Affirms Harsh Penalties for Violations of Trial Court Orders
In Minna v. Energy Coal, S.p.A., et al., No. 267, 2009, (Del. Supr., Nov. 16, 2009), read opinion here, the Delaware Supreme Court upheld a default judgment in eight figures and monetary penalties in substantial six figures, imposed as retribution for multiple violations of several … Continue reading
Chancery Court Grants Motion to Expedite Case Based on Allegations of Colorable Disclosure Claim and Threatened Irreparable Injury Regarding Treatment of Stock-Based Compensation Expense
In Laborers Local 235 Benefit Funds v. Starent Networks, Corp., et al., C. A. No. 5002-CC (Del. Ch. Nov. 18, 2009), read letter decision here, the Court granted plaintiff’s motion to expedite this matter based on the stock based compensation expense disclosure … Continue reading
ABA Seminar on Delaware Corporate Law and Potentially Increasing Federalization
I am blogging from the ABA Business Law Section Fall Meeting in D.C. This post is the product of the notes taken at the following panel presentation: Federalization of Corporation Law in a Time of Crisis – Which Institutions are Best … Continue reading
District Court Dismisses Securities Fraud Case
City of Roseville Employees’ Retirement System v. Horizon Lines, Inc., No. 08-969 (D.Del., Nov. 13, 2009), read opinion here. The U.S. District Court for the District of Delaware dismissed a putative class action lawsuit alleging that Horizon Lines Inc. and its senior … Continue reading
Court of Chancery Decides Arbitrability Issues
Lefkowitz v. HWF Holdings, LLC, No. 4381-VCP (Del. Ch. Nov. 13, 2009), read opinion here. This 30-page opinion is a helpful primer on the recurring topics of both procedural and substantive arbitrability. That is, it addresses when the applicability of an arbitration clause in … Continue reading
Live Video of Chancery Court Trial in Amirsaleh v. NY Board of Trade
Amirsaleh v. NY Board of Trade. A short video clip of the trial in this case that is ongoing this week in the Delaware Court of Chancery is available here, courtesy of www.courtroomview.com Prior decisions of the Court of Chancery in … Continue reading
Chancery Court Denies Summary Judgment Based on Disputed Issue of Material Fact; Finds No Meaningful Difference Between “Lack of Good Faith” and “Bad Faith” for Claim of Breach of Implied Covenant of Good Faith and Fair Dealing
Amirsaleh v. Board of Trade of the City of New York, Inc., C.A. No. 2822-CC (Del. Ch. Nov. 9, 2009), read opinion here. See summaries of prior decisions of the Chancery Court in this case here and here. A video clip of the … Continue reading
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