In the Matter of the Estate of G. James Seppi, C.A. No. 3189-MA (Del. Ch. Aug. 30, 2011). Read opinion here. Although this opinion involves a Will contest and issues of undue influence, the readers of this blog would be interested in the aspect of the opinion that addresses the standard of review
August 2011
Delaware Court of Chancery Defines Standard for Asserting a Retaining Lien for Unpaid Fees Over a Client’s Documents
This opinion addresses a matter of great interest to most readers, and an issue of first impression by a Delaware court: The right of a lawyer to retain the file of a client who has not paid her bill.
In Judy v. Preferred Communications Systems, Inc., C.A. No. 4662-VCL (Del. Ch. Aug. 19, 2011) (opinion…
Chancery Addresses Dispute Concerning 2001 Transaction Involving Delaware and Illinios Law; Finds Claims are Time-Barred
In K&K Screw Products, LLC v. Emerick Capital Investments, Inc., C.A. No. 5633-VCP (Del. Ch. August 9, 2011), read opinion here, the Court of Chancery addressed defendant’s motion to dismiss the complaint for lack of subject matter jurisdiction and plaintiff’s motion for summary judgment on its ten claims for declaratory judgment. The background facts…
Third Circuit Affirms District Court’s Dismissal of Securities Fraud Class Action Suit for Failure to Plead Scienter
The U.S. Third Circuit Court of Appeals in City of Roseville Employees’ Retirement System v. Horizon Lines, Inc., et al., Case No. 10-2788, on August 24, 2011, in a 2-to-1 decision, read opinion here, affirmed the District Court’s granting of defendants’ motion to dismiss all claims against corporate defendants and five officers and…
LexisNexis Corporate and Commercial Insights: Latest Update
Steve Berstler of LexisNexis, in this latest update, interviews Francis G.X. Pileggi, Member-in-Charge, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE, who discusses two recent Delaware Supreme Court cases involving the waiver doctrine and the standard for a motion to dismiss. Two Delaware Chancery Court cases are also discussed, one involving the ethical implications of…
Chancery Applies Preliminary Injunction Standard to a Motion for a TRO
The below article first appeared on Aug. 24, 2011, in The Delaware Business Court Insider, here. The Delaware Court of Chancery decision that is the focus of the article was previously highlighted on this blog here.
Litigation is fast-paced in the Delaware Court of Chancery, but when a litigant files a motion for expedited…
The Impact of Van Gorkom and DGCL Section 102(b)(7)
Courtesy of Prof. Larry Ribstein in a post here, comes an article by Yaniv Grinstein and and Stefano Rossi entitled: Good Monitoring, Bad Monitoring. The article examines the impact on stock returns in light of the Delaware Supreme Court’s 1985 decision imposing liablity on directors in Van Gorkom, and the legislative response in DGCL…
Chancery Court Issues Preliminary Injunction Against Verizon Union Strikers
In Verizon of Delaware, Inc. v. Communications Workers of America, Local Nos. 13100 and 13101, et al., C.A. No. 6766-CS (Order) (Del. Ch. Aug. 10, 2011), available here, the Court of Chancery addressed the problems that arose with picketing during the recent Verizon employee strike.
This post was prepared by a former associate of…
Delaware Supreme Court Declines to Follow Federal Twombly Standard for Motions to Dismiss
Central Mortgage Co. v. Morgan Stanley Mortgage Capital Holdings, LLC, No. 595-2010 (Del. Supr. Aug. 18, 2011), read Delaware Supreme Court’s en banc opinion here.
Issue Addressed
Whether Delaware should adopt the more stringent standard for motions to dismiss announced in the U.S. Supreme Court’s Twombly and Iqbal opinions.
Short Answer: No. (At…
Supreme Court Finds Waiver of Merger Deadline for Election of Stock or Cash
Amirsaleh v. Board of Trade of the City of New York, Inc., No. 75, 2010 (Del. Supr. Aug. 16, 2011), read Delaware Supreme Court opinion here. Prior decisions by the Court of Chancery (and a video/audio clip of trial court proceedings), were highlighted on these pages here, here, here, here and here.…