Injunctive Relief Denied for Alleged Misuse of Customer Lists

The Delaware Court of Chancery recently addressed an issue that commonly appears in corporate and commercial litigation:  the alleged misuse of customer lists by someone other than the company who created the list.  In American Messaging Services LLC v. DocHalo, … Continue reading

Chancery Vacates TRO

In contrast to the decision in the American Messaging Services ruling  by the same Vice Chancellor on the same date, highlighted here on these pages, in AM General Holdings LLC v. The Renco Group, Inc., C.A. No. 7639-VCN (Del. Ch. Apr. 9, … Continue reading

Successor Corporation Not Bound By Agreement of Former Parent Entity

Miramar Police Officers’ Retirement Plan v. Murdoch, C.A. No. 9860-CB (Del. Ch., Apr. 7, 2015). This Delaware Court of Chancery opinion addresses a dispute over whether a corporation created as part of a spin-off transaction is bound by provisions in … Continue reading

Recusal Motion Granted in Chancery

Motions to Recuse members of the bench from a pending case are rare, as are decisions to grant such motions, but in Greenspan v. News Corp., C.A. No. 9567-ML (Del. Ch., Apr.2, 2015), the Delaware Court of Chancery granted such a motion. Although the … Continue reading

Chancery Decides Adverse Possession Claim

In an example of the range of cases handled by the Court of Chancery beyond corporate and commercial litigation, the opinion in Tumulty v. Schreppler, C.A. No. 5948-VCP (Del. Ch. Mar. 30, 2015), addresses a claim for adverse possession of … Continue reading

Claims By Receiver for Corporation Proceed Against Directors

Stewart v. Wilmington Trust SP Services, Inc., et al., C.A. No. 9306-VCP (Del. Ch. Mar. 26, 2015). This opinion from the Delaware Court of Chancery should be required reading for anyone who wants to know the latest iteration of Delaware law … Continue reading

Chancery Rejects Forum Non Conveniens Argument

Wilmington Savings Fund Society, FSB v. Caesars Entertainment Corp., C.A. No. 10004-VCG (Del. Ch., Mar. 18, 2015). This Court of Chancery decision is noteworthy for two main points that should be of interest to those engaged in corporate and commercial … Continue reading

Chancery Denies Preliminary Injunction Request

Theravectys SA v. Immune Design Corp., C.A. No. 9950-VCN (Del. Ch. Mar. 8, 2015), is a Delaware Chancery opinion that may be useful for its application of the well-worn prerequisites that must be satisfied for obtaining preliminary injunctive relief. The … Continue reading

Default Judgment Entered Against Non-Appearing Defendant Directors

In re Puda Coal Inc. Stockholders Litigation, No. 6476, 2015 WL 935322 (Del. Ch. Mar. 4, 2015). This Delaware Chancery ruling imposed a default judgment against director defendants who reside in China. One decision in the several prior proceedings in … Continue reading

Notice and Hearing Procedure In Mooted Actions

The Court of Chancery recently issued a short letter ruling in Swomley v. Schlecht, C.A. No. 9355-VCL (Del. Ch., March 12, 2015), summarizing the notice and hearing procedure requirements set forth in In re Advanced Mammography Sys., Inc. S’holders Litig., … Continue reading