Supreme Court Reverses Chancery on Collateral Estoppel/Demand Futility and Section 220 Issues

Posted on April 8th, 2013 by Francis Pileggi

Pyott v. Louisiana Municipal Police Employees’ Retirement System, No. 380, 2012 (Del. Supr., April 4, 2013) Issues Addressed:  (1) Whether or not a prior ruling by a California court dismissing a derivative suit served as a bar to subsequent Delaware derivative … Continue reading →

Supreme Court Denies Interlocutory Appeal on Section 220 Issue

Posted on March 5th, 2013 by Francis Pileggi

Amalgamated Bank v. Dauphin County Employees Retirement Fund, No. 67-2013 (Del. Supr., Feb. 26, 2013). This short Order of the Delaware Supreme Court is noteworthy because it declined to address an issue that has filled many of the pages of … Continue reading →

Delaware Supreme Court on Rule 11 Violations

Posted on March 3rd, 2013 by Francis Pileggi

In my most recent ethics column for The Bencher, I reviewed a recent Delaware Supreme Court decision that announced a new standard that will be followed in Delaware when a trial judge believes that Rule 11, or a rule of … Continue reading →

Delaware Supreme Court on Promissory Estoppel

Posted on February 23rd, 2013 by Francis Pileggi

Harmon v. Delaware Harness Racing Commission, Del. Supr., No. 676, 2011 (Feb. 15, 2013). Although this Delaware Supreme Court decision addresses the limited issue of whether a promissory estoppel claim is allowable against a state agency in the employment context, … Continue reading →

Civility in the Legal Profession

Posted on January 28th, 2013 by Francis Pileggi

The Wall Street Journal has a front page article today about programs designed to promote civility in the legal profession. Much has been written on these pages and elsewhere about this perennial lament about lawyers behaving badly. Many states, including Delaware, … Continue reading →

Two Recent Corporate Decisions Reviewed by Delaware Corporate Law Professor

Posted on January 16th, 2013 by Francis Pileggi

Professor Larry Hamermesh, Director of The Widener Institute of Delaware Corporate & Business Law, comments on two recent Delaware corporate decisions in a post copied below: Two seemingly disparate recent Delaware court opinions provide an intriguing contrast in the approach to … Continue reading →

Supreme Court Announces New Standard for Missed Pre-Trial Deadline

Posted on January 13th, 2013 by Francis Pileggi

In Christian v. Counseling Resource Associates, Inc., Del. Supr., No.  460, 2011 (Jan. 2, 2013) (revised March 26, 2013), the Delaware Supreme Court promulgated a new standard for trial courts to apply in determining what the penalty should be when a … Continue reading →

Key Delaware Corporate and Commercial Decisions in 2012

Posted on January 2nd, 2013 by Francis Pileggi

Noteworthy 2012 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery. By: Francis G.X. Pileggi and Kevin F. Brady. Introduction This is the eighth year that we are providing an annual review of key Delaware corporate and … Continue reading →

Delaware Supreme Court Reverses Decision Denying Shareholder A Discretionary Right To Opt-Out Of Class; Also Allows Class Representative Which Sold Shares to Continue

Posted on December 28th, 2012 by Kevin F. Brady

On December 27, 2012, the Delaware Supreme Court overruled in part and remanded a decision of the Court of Chancery which denied a large investor, BVF Partners L.P. (“BVF”), the right to opt-out of a shareholder class action settlement.  In … Continue reading →

Supreme Court Imposes Jurisdiction on Foreign Party Based on Civil Conspiracy Claim

Posted on November 25th, 2012 by Francis Pileggi

In Matthew v. Flakt Woods Group SA, Del. Supr., No. 150, 2012 (Nov. 20, 2012), the Delaware Supreme Court ruled that Delaware courts could impose jurisdiction on a foreign party involved in this case, based on the “conspiracy theory of jurisdiction”. … Continue reading →

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