Tag Archives: “conspiracy theory of jurisdiction”

Chancery: UCC Filing Serves as Partial Basis to Impose Personal Jurisdiction

Lake Treasure Holdings, LLC v. Foundry Hill GP, LLC, C.A. No. 6546-VCL (Del. Ch. Nov. 21, 2013) This Chancery decision determined that the filing of a UCC statement may serve to satisfy two elements of the 5-part test to establish personal jurisdiction in Delaware based on the well-settled “conspiracy basis of personal jurisdiction”, and in … Continue Reading

Personal Jurisdiction over Foreign Defendants Examined

Boulden v. Albiorix, Inc., C.A. No. 7051-VCN (Del. Ch. Jan. 31, 2013, revised Feb. 7, 2013). Issue Addressed This case addressed whether personal jurisdiction was appropriate by a court in Delaware on the various foreign residents involved. Short Overview The Court reviews the requirements for personal jurisdiction under Delaware’s long-arm statute, as well as the … Continue Reading

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

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”. Quick Background: This well-recognized basis for subjecting non-Delaware parties to the jurisdiction of Delaware courts, … Continue Reading

Court of Chancery Clarifies Rights of Minority Shareholders Whose Equity is Diluted

Dubroff v. Wren Holdings, LLC, C.A. No. 3940-VCN (Del. Ch. Oct. 28, 2011), read 45-page opinion here. See prior Chancery decisions in this case highlighted on these pages here and here. Issues Addressed The issues addressed in this gem of an opinion include: (i) whether and when a minority shareholder’s claim for breach of fiduciary duty … Continue Reading

Jurisdiction over Non-residents in Delaware based on Civil Conspiracy with a Delaware Entity

By: Francis G.X. Pileggi, Esquire and Leslie B. Spoltore, Esquire. Delaware legislation makes it clear that officers, as well as directors, of Delaware corporations can be subject to the personal jurisdiction of Delaware courts for claims made against those individuals in their capacity as officers and directors of Delaware entities. Similar consent statutes apply to … Continue Reading