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, C.A. No. 608, 2013 (Del. Ch. 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 … 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

Supreme Court Finds D&O Coverage Issue Not Ripe

XL Specialty Insurance Co. v. WMI Liquidating Trust, Del. Supr., No. 449, 2013 (May 28, 2014). This Delaware Supreme Court decision found that a declaratory judgment action was not ripe for decision because the issue of whether potential pre-bankruptcy claims against … Continue reading

New Chief Justice Publishes His Latest Law Review Article

The relatively new Delaware Supreme Court Chief Justice has continued his practice of publishing scholarly articles.  His most recent publication, perhaps the first published since his elevation to the top of the Delaware judiciary, is an article in the Columbia … Continue reading

Supreme Court Upholds Fee-Shifting Provision in Bylaws

ATP Tour, Inc. v. Deutscher Tennis Bund, Del. Supr., No. 534, 2013 (May 8, 2014). Momentous Issue Addressed:  The Delaware Supreme Court decided certified questions of law for the District of Delaware regarding whether it was consistent with Delaware law for … Continue reading

Supreme Court Justice Jack Jacobs Announces Retirement

Delaware Supreme Court Justice Jack Jacobs, an iconic intellectual leader of the Delaware judiciary, serving on both Delaware’s High Court and the Court of Chancery for a combined total of nearly 30 years, has announced his retirement from the bench. … Continue reading

Delaware Supreme Court Recognizes Right to Bear Arms Outside Home

Doe v. Wilmington Housing Authority, et al., Del. Supr., No. 403, 2013 (March 18, 2014). Important Case: Today’s unanimous Delaware Supreme Court opinion, en banc, is one of the few in the country that has expressly recognized that there is a … Continue reading