Court Reviews Master’s Report De Novo based on Chancery Rule 144
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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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