Permanent Injunction Denied Where it Would be Ineffective at Protecting From the Risk of Harm

The Delaware Supreme Court, in North River Ins. Co. v. Mine Safety Appliance Co., — A.3d –, 2014 WL 5784588 (Del. Nov. 6, 2014), addressed a failed attempt to control multi-forum litigation.  Delaware’s high court affirmed the Court of Chancery’s … Continue reading

Plaintiff in Delaware Supreme Court Decision Featured in TV Interview

Doe v. Wilmington Housing Authority, is the name of a 2014 Delaware Supreme Court en banc unanimous decision that recognized the right to bear arms outside one’s home based on the Delaware State Constitution, Article I, Section 20. The gist … Continue reading

Supreme Court Recognizes Exception to Attorney/Client Privilege

The National Association of Corporate Directors publishes a magazine called Directorship. They published my article on the recent decision of the Delaware Supreme Court in the Wal-Mart case, highlighted on these pages, which recognized an exception to the attorney client … Continue reading

Justice Joseph T. Walsh, RIP

Justice Joseph Walsh recently passed away and will be sorely missed. He was a legend of the Delaware bench, having served on the Court of Chancery, Superior Court and almost two decades on the Delaware Supreme Court. He authored many important … Continue reading

Delaware Supreme Court Requires Wal-Mart to Produce Privileged Documents

Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW, Del. Supr., No. 614, 2013 (July 23, 2014). This Delaware Supreme Court en banc opinion requires Wal-Mart to produce documents about an alleged bribery scandal involving their Mexican subsidiary. … Continue reading

Supreme Court Reinstates Arbitration Award; Reverses Chancery

SPX Corp. v. Garda USA, Inc., Del. Supr., No. 332, 2013 (June 16, 2014). Issue Presented: Whether the standard of ”manifest disregard of the law” was met such that an arbitration award should be vacated? Answer: Not in this case. Thus, a rare reversal of … Continue reading

Supreme Court Affirms Oral Resignation of Director

Biolase, Inc. v. Oracle Partners, L.P., Del. Supr., No. 270, 2014 (Del. Ch. June 12, 2014). Issue Addressed:  Whether a director may resign by an oral statement alone, pursuant to DGCL Section 141(b).  Answer:  Yes. Highlights This decision is the … Continue reading

Supreme Court Disallows Award of Fees in the Absence of Final Judgment

Crothall v. Zimmerman, Del. Supr., No. 608, 2013 (June 9, 2014). This Delaware Supreme Court decision features a rare reversal of the Court of Chancery, and determined that the award of attorneys’ fees was improvidently granted because there was no corporate … Continue reading

Supreme Court Addresses Rules for Confession of Judgment

Zimmerman v. Customers Bank, Del. Super., No. 668, 2013 (June 10, 2014). This Delaware Supreme Court decision addresses the rules for confession of judgment in Delaware.  The Court determined that the requirement for an affidavit in Rule 58.1, is not … Continue reading

Delaware Supreme Court Declines Appeal on Maintaining Confidentiality of Pleadings

Al Jazeera America, LLC v. AT&T Services, Inc., Del. Supr., No. 600, 2013, appeal dismissed (May 30, 2014). The Delaware Supreme Court in this short Order dismissed a pending interlocutory appeal on the issue of what documents filed with the … Continue reading