Third Circuit Limits the Taxation of E-Discovery “Costs” Against the Losing Party
The United States Court of Appeals for the Third Circuit in Race Tires America v. Hoosier Racing Tire Corp., et al., issued a decision on March 16, 2012 on a matter of first impression, vacating the Western District of Pennsylvania’s decision awarding … Continue reading
Bankruptcy Court Limits Executive Compensation
In re Verasun Energy Corp., No. 08-12606 (BLS) (Bankr. D. Del. March 26, 2012) Issue Addressed Whether claims of former executives for money owed under change-in-control agreements should be capped by section 507(b)(7) of the Bankruptcy Code? Short Answer The … Continue reading
PA Court Refuses to Pierce Veil of LLC
James T. Walmsley and Christopher W. Sullivan v. Frederick H. Ehmann, Steven Fishman, et al., C.A. No. 1845 EDA 2009 (Pa. Super. Ct. Feb. 28, 2012). This decision concerns the Pennsylvania Superior Court upholding the Court of Common Pleas ruling … Continue reading
Bankruptcy Court Addresses Whether Landlord or Debtor Tenant Must Evict Bankrupt Subtenant
In re Amicus Wind Down Corporation, No. 11-13167 (KG) (Bankr. D. Del. Feb. 24, 2012). Issue Addressed Whether the burden of evicting a bankrupt subtenant fell upon the debtor/tenant or landlord? Short Answer The Bankruptcy Court for the District of Delaware held … Continue reading
Practice Guidelines for Delaware Court of Chancery and Default Electronic Discovery Standards for U.S. District Court, District of Delaware
We have previously written on these pages about the relatively new Guidelines issued by the Delaware Court of Chancery, which are intended to give guidance to practitioners on procedural protocols before the Court. We have also written on these pages about the recently … Continue reading
Status of Federal Suit Challenging Confidential Arbitration in Court of Chancery
The Delaware Court of Chancery’s confidential and expedited arbitration procedure, in which selected disputes are heard before a member of the Court at a final hearing within 90 days of a complaint being filed, as described in a prior post here, … Continue reading
U.S. Supreme Court Recognizes “Ministerial Exception” as Defense to Discrimination Claims Against Churches
In Hosanna-Tabor v. EEOC (download here), the U.S. Supreme Court yesterday recognized a defense that churches may assert against claims by some employees based on anti-discrimination laws, such as a minister that claims she was discriminated against on an issue that … Continue reading
Bankruptcy Judge Explains Preference Law and Two Common Defenses
Burtch v. Revchem Composites, Inc., f/n/a Revchem Plastics, Inc. (In re Sierra Concrete Design, Inc.), Adv. Case No. 10-52667 (CSS) (Bankr. D. Del., Jan. 4, 2012), read opinion here. Tara Lattomus of Eckert Seamans prepared this summary. Issue Addressed Whether … Continue reading
District of Delaware Revises Default Standard for Discovery of Electronically Stored Information
Periodically we report on rule changes in the federal courts so that practitioners are away of these changes and how they might affect litigation practice in Delaware courts. On December 8, 2011, the District of Delaware revised its Default Standard … Continue reading
Amendment of Preference Complaint Relates Back and Avoids Statute of Limitations
Miller v. Metal Exchange Corporation (In re: IH 1, Inc. f/k/a Indalex Holdings Finance, Inc.), Adv. Case No. 11-51329 (PJW) (Bankr. D. Del., Dec. 30, 2011), read opinion here. This summary was prepared by Tara Lattomus of Eckert Seamans. Issue … Continue reading
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