Other Court Decisions : Delaware Corporate and Commercial Litigation Blog

Posted on August 9, 2010 by Francis G.X. Pileggi

The U.S. Constitution; Health Care and the Role of Government

There are some court decisions that transcend the parameters of legal specialties because they have an impact on all U.S. citizens and should be of interest to all lawyers. The recent decision by a U.S. District Court in Virginia is one of those decisions. The court denied a motion to... Continue Reading...

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Posted on August 4, 2010 by Francis G.X. Pileggi

Airgas' Conflict Claims Against Cravath Firm to Proceed to Trial

Air Products and Chemicals, Inc. v. Airgas, Inc., is the caption of a case pending in the Delaware Court of Chancery regarding a hotly contested effort by Air Products to acquire Airgas. A trial in Delaware is scheduled to take place on October 4. The Court of Chancery previously denied... Continue Reading...

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Posted on July 20, 2010 by Francis G.X. Pileggi

New York Federal Court Applies Delaware Law to Deny Motion to Dismiss Breach of Fiduciary Duty Claims Regarding Pfizer's Alleged "Off-Labeling" Marketing

On July 14, 2010, the United States District Court for the Southern District of New York, in the case of In Re: Pfizer Inc. Shareholder Derivative Litigation, C.A. No. 09 Civ. 7822 (JSR), read opinion here, issued a decision which denied in part the defendants’ motion to dismiss a derivative... Continue Reading...

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Posted on July 13, 2010 by Francis G.X. Pileggi

Court Reversed Decision of Human Relations Commission and Ruled Movie Theater Did Not Discriminate Against Attendees of Tyler Perry Movie By Reminding Them to Turn Off Cell Phones

Stewart v. Human Relations Commission, C.A. No. 09A-05-002 (JTV) (Del. Super. July 6, 2010), read opinion here. This recent decision of the Delaware Superior Court is one that we will mention in passing because it may interest lawyers who represent businesses. This case involved a claim against a movie theater... Continue Reading...

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Posted on June 28, 2010 by Francis G.X. Pileggi

U.S. Supreme Court Rules in Second Amendment Case; Affirms Right to Self-Defense as Applicable to the States

In McDonald v. Chicago, Case No. 08-1521, the United States Supreme Court today issued a landmark decision interpreting the Second Amendment to the U.S. Constitution as being applicable to the States, which means on a practical level that the fundamental right to self-defense and the right to bear arms allows... Continue Reading...

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Posted on June 28, 2010 by Francis G.X. Pileggi

Bankruptcy Court Finds "Resulting Trust" in Pooled Accounts of Wilmington Diocese

In Re: Catholic Diocese of Wilmington, Inc., Adv. Proc. No. 09-52866, Case No. 09-13560 (CSS) (Bankr. D. Del. June 28, 2010), read opinion here. This decision of the Bankruptcy Court in Delaware applies the state law of trusts, and involves the attempt by creditors to access pooled investment accounts that... Continue Reading...

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Posted on June 26, 2010 by Francis G.X. Pileggi

Supreme Court Eviscerates "Honest Services" Statute

In Black v. U.S. and Skilling v. U.S., the United States Supreme Court (SCOTUS) this week struck down key parts of a federal criminal statute known as the "honest services" statute, on which convictions of Enron's Skilling and Hollinger's Lord Black were based. Here is scholarly commentary by Prof. Larry... Continue Reading...

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Posted on June 16, 2010 by Francis G.X. Pileggi

Superior Court Applies Rule 11 Analysis Sua Sponte

Villare v. Katz, C.A. No. 08C-10-061 PLA (Del. Super. June 9, 2010), read opinion here. The short purpose for referencing this opinion on this blog is for its discussion of Rule 11 which is based on the federal rule. Although this case relies on the version of Rule 11 used... Continue Reading...

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Posted on June 3, 2010 by Francis G.X. Pileggi

Judge Scheindlin Amends Opinion in Pension Committee Case; Clarifies Scope of Obligation to Collect ESI

This update comes to you from Delaware litigator and e-discovery expert Kevin Brady. On May 28, 2010, Judge Shira Scheindlin issued an Amended Opinion and Order in the case of Pension Committee v. Banc of America Securities, LLC, et al., C.A. No. 05-Civ. 9016 (SAS), clarifying one sentence in her... Continue Reading...

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Posted on June 1, 2010 by Francis G.X. Pileggi

Sovereign Immunity

Though somewhat far afield from our usual fare, the arguments pending before the U.S. Supreme Court about whether the world's smallest sovereign nation, otherwise known as the Vatican, is subject to suits in the U.S., should be of interest generally to many readers, as discussed here.... Continue Reading...

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