Delaware Holding Company Recognized for Jurisdictional Purposes
Johnson v. Smithkline Beecham Corp., 2013 U.S. App. LEXIS 11501 (3d Cir. June 7, 2013). Issue Addressed: For purposes of diversity jurisdiction, should a holding company’s citizenship be defined by the activities of its limited liability company (LLC) subsidiary given that … Continue reading
U.S. Supreme Court Addresses Discharge of Judgment for Breach of Fiduciary Duty
Bullock v. BankChampaign, N.A., No. 11-1518, 2013 U.S. LEXIS 3521 (U.S. May 13, 2013) Issue Addressed: This U.S. Supreme Court opinion considered whether a director found liable for a breach of fiduciary duty could discharge his debts related to that … Continue reading
Appellate Court Addresses Advancement of Defense Costs in Criminal Proceeding
A recent California appellate court decision, Mt. Hawley Insur. Co. v. Lopez, addresses an important topic regarding the advancement of defense costs when a director or officer is facing criminal prosecution. The decision was sent to us by our friends Fran … Continue reading
Bankruptcy Court Applies Laches, Not Statute of Limitations to Professionals Who Allegedly Conspired With Fiduciaries
Miller v. Kirkland & Ellis LLP, Adv. No. 12-50713 (PJW) (Bankr. D. Del. Oct. 2, 2012). Tara Lattomus of Eckert Seamans prepared this case summary. Issue Addressed Whether the two year statute of limitations or the equitable doctrine of laches … Continue reading
District Court Disqualifies Firm Due to Client Representation of Over 15 Years Ago
We have written frequently on these pages about decisions that have addressed potential conflicts of interest in the litigation context, both real and imagined, in the state and federal courts. See, e.g., cases and articles on these pages here. The U.S. … Continue reading
One Federal Judge’s View of “Longish” Opinions
Courtesy of The Wall Street Journal’s Law Blog comes a dissenting opinion from a jurist on the U.S. Court of Appeals for the 11th Circuit who expresses his view on what His Honor refers to as “longish” court opinions. Readers might … Continue reading
Confidential Court of Chancery Arbitration Proceedings Found Unconstitutional — Violate Qualified Right of Access
Delaware Coalition for Open Government v. Hon. Leo E. Strine, Jr., et al., D. Del. C.A. No. 1:11-1015 (Aug. 30, 2012). Issue Presented: Do the Court of Chancery’s confidential arbitration proceedings violate the First Amendment’s qualified right of access? Answer: Yes. … Continue reading
New York Court Adopts Tooley Test for Identifying Derivative v. Direct Actions
The New York Supreme Court Appellate Division, First Department issued a decision in Yudell v. Gilbert, Case No. 600404/08 (Aug. 7, 2012) affirming the dismissal of an action regarding a joint venture. See decision here. The Court, in analyzing the … Continue reading
The Right to Bear Arms for Self-Defense in Delaware
The U.S. District Court for the District of Delaware recently issued a decision interpreting the Second Amendment to the U.S. Constitution, regarding the right to bear arms, as well as its counterpart in Delaware’s Constitution, as applied to residents of public housing. Doe v. … Continue reading
Arbitrability of Fiduciary Duty Claims in Pennsylvania Law
We often review Delaware cases that address issues of arbitrability. For comparison purposes we bring you two recent decisions of the Pennsylvania Superior Court (the intermediate appellate court in the Keystone State), that addressed the issue of arbitrability in two … Continue reading
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