Chancery Decides Advertising Dispute Involving Charter of KFC Chain

Posted on January 31st, 2011 by Francis Pileggi

KFC National Council and Advertising Cooperative, Inc. v. KFC Corp., C.A. No 5191- VCS (Del. Ch. Jan. 31, 2011), read 65-page opinion here. The Court of Chancery agreed with the arguments of the franchisees in their interpretation of a corporate charter that impacted a … Continue reading →

Delaware Supreme Court Clarifies Section 220 Requirements

Posted on January 31st, 2011 by Francis Pileggi

King v.VeriFone Holdings, Inc., Del. Supr., No. 330, 2010 (Jan. 28, 2011), read opinion here, is a Delaware Supreme Court decision that provides added clarity to practitioners regarding the "proper purpose" and related prerequisites that a shareholder must satisfy in order … Continue reading →

Court of Chancery Rejects Airgas’s Motion in Limine to Exclude Expert Testimony

Posted on January 31st, 2011 by Francis Pileggi

On January 24, 2011, the Court of Chancery in Air Products & Chemicals, Inc. v. Airgas, Inc., et al. C. A. No. 5249-CC,  issued a written decision explaining its January 21, 2011 oral ruling denying Airgas’s motion to exclude the … Continue reading →

Federal Court Finds Health Care Law Unconstitutional

Posted on January 31st, 2011 by Francis Pileggi

U.S. v. Florida, (N.D. Fl., Jan. 31, 2011), read opinion here. Though this decision may appear far afield from the usual business litigation fare of this blog, because this federal decision declaring unconstitutional the federal health care law passed last … Continue reading →

Jurisdictional Competition

Posted on January 29th, 2011 by Francis Pileggi

Professor Larry Ribstein has added to his extensive scholarship on jurisdictional competition, in which Delaware’s role is prominently featured, with an article linked as part of his descriptive post here. The abstract follows: Most of the work on jurisdictional competition for … Continue reading →

Deposition Practice in Delaware

Posted on January 29th, 2011 by Francis Pileggi

Depositions in Delaware are subject to rules of practice and procedure that are materially different in form and substance to what I have observed in many other states. Both the Delaware Chancery Court and the Delaware Supreme Court enforce the … Continue reading →

Chancery Orders Prompt Trial on Books and Records Case

Posted on January 26th, 2011 by Francis Pileggi

Lavi v. Wideawake Deathrow Entertainment LLC, C.A. No. 5779-VCS (Del. Ch. Jan. 18, 2011), read letter ruling here. Issue Addressed The issue decided by the Court of Chancery in this books and records action under Section 18-305 of the Delaware Limited Liability Company … Continue reading →

Chancery Allows Claim to Enforce “Agreement to Negotiate in Good Faith”

Posted on January 25th, 2011 by Francis Pileggi

Great-West Investors LP v. Thomas H. Lee Partners, L.P., C.A. No. 5508-VCN (Del. Ch. Jan. 14, 2011), read opinion here. Issue Addressed This 37-page decision from the Delaware Court of Chancery addresses multiple contract interpretation issues between two sophisticated parties. … Continue reading →

Court in Air Products Case Addresses Motion to Compel and Motion in Limine

Posted on January 22nd, 2011 by Francis Pileggi

In Air Products & Chemicals, Inc. v. Airgas, Inc., et al., Del. Ch., C. A. No. 5249-CC, read letter ruling here, the Court of Chancery on January 20, 2011 addressed: (i) Air Products’ motion to compel Airgas’s compliance with the … Continue reading →

Chancery Applies Twombly Standard in Motion to Dismiss

Posted on January 22nd, 2011 by Francis Pileggi

Microstrategy, Inc. v. Acacia Research Corp., C.A. No. 5735-VCP (Del. Ch. Dec. 30, 2010). Issues Addressed This 52-page decision by the Delaware Court of Chancery addressed competing claims regarding breach of a Settlement Agreement. The Court granted in part and … Continue reading →

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