June 2012

Louisiana Municipal Police Employees’ Retirement Systems v. Pyott, C.A. 5795-VCL (Del. Ch. June 11, 2012).

Issues Addressed

Whether collateral estoppel, Rule 23.1 or Rule 12(b)(6) apply to require the dismissal of a Delaware derivative suit based on the dismissal in California of a related derivative suit in which a federal court granted a Rule 23.1

RPRS Gaming, L.P. v. HP Gaming Partners L.P. and High Penn Gaming, L.P., C.A. No. 6359-VCP, (Del. Ch. June 13, 2012).

Issue Presented: Whether supermajoirty approval of the Management Committee is required for a proposed  casino expansion.

Short Answer: The motion for partial summary judgment was denied because of a genuine issue of

Paul v. Delaware Coastal Anesthesia, LLC, et al., Civil Action No. 7084-VCG (May 29, 2012).

Issue Presented:

Whether the language of an LLC agreement which prescribed the sole manner by which an LLC’s members could vote their shares, preempts the statutory default which allows action by written consent. 

Short Answer:  No. 

Brief Overview:

Brinckerhoff v. Enbridge Energy Company, Inc., C.A. No. 5526-VCN (Del. Ch. May 25, 2012).

Issue Presented: Whether Brinckerhoff has a viable claim that may be remedied through rescission or reformation. 

Short Answer: No, because Brinckerhoff’s claims for rescission and reformation were waived when he failed to mention those claims in both of his briefs