Chancery Addresses Claim Preclusion and Judicial Estoppel
Whittington v. Dragon Gp., C.A. No. 2291-VCP (Del. Ch. April 15, 2011), read opinion here. Five prior Chancery decisions (and one Supreme Court opinion), in this long-running internecine saga were highlighted on these pages here, here, here, here, here and here. In … Continue reading
Delaware Adopts Restatement (Second) of Torts Section 766A
Allen Family Foods, Inc. v. Capitol Carbonic Corp., C.A. No. N10C-10-313 JRS-CCLD (Del. Super. March 31, 2011), read this Delaware Superior Court opinion here. This case summary highlights the court’s the adoption of Restatement (Second) of Torts § 766A, which recognizes … Continue reading
Happy Memorial Day
Photo from a blog called “12th Chancery Court District of Mississippi“. Thanks to all who serve, and have served, to keep our country free.
Chancery Rejects Books and Records Demand under DGCL Section 220
Graulich v. Dell, Inc., 2011 WL 1843813 (Del. Ch. May 16, 2011). What this case is about: This Court of Chancery opinion involved a demand by a shareholder for books and records of Dell, Inc. for the ostensible purpose … Continue reading
Chancery Dismisses Claims Covered by Release
Case Financial, Inc. v. Alden, C.A. No. 1184-VCP (Del. Ch. May 11, 2011). The Delaware Court of Chancery has rendered several prior decisions in this somewhat obstreperous litigation, two of which have been highlighted on this blog here and here. … Continue reading
Chancery Selects Lead Counsel in Consolidated Class Actions
In a recent letter ruling, the Delaware Court of Chancery provided a practical analysis to support its reasoning in connection with the selection of lead counsel in a class action challenging a merger. Southeastern Pennsylvania Transportation Authority v. Rubin, et … Continue reading
LexisNexis Interview on Recent Delaware Chancery Opinion on Section 220
In the latest installment of the LexisNexis Corporate & Commercial Insights, Steve Berstler speaks to Francis G.X. Pileggi, Member-in-Charge, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE, about a recent decision of the Delaware Court of Chancery that addresses the litigation requirements involved … Continue reading
Despite Applying Step-Transaction Doctrine, Court Does Not Aggregate Transactions and Fails to Find Sale of “Substantially All” Assets
This summary was prepared by Ryan Newell of Connolly Bove Lodge & Hutz. The Court of Chancery, despite application of the step-transaction doctrine, held that independent transactions occurring over a seven year period and not pursuant to a specific plan … Continue reading
Status of Appointment to Fill Vacancy on Delaware Court of Chancery
This Monday will be the start of “interview week” for those who have submitted applications to fill the vacancy on the Delaware Court of Chancery. We have written on these pages recently about the imminent empty seat on the Court of Chancery occasioned by the … Continue reading
Chancellor Chandler Joins Wilson Sonsini Firm
Chancellor William Chandler of the Delaware Court of Chancery, who announced several weeks ago that he would be retiring from the bench on June 17, made public today that he will join the law firm of Wilson Sonsini. Professor Davidoff … Continue reading
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