Tag Archives: delaware litigation

Key 2013 Delaware Corporate and Commercial Decisions

Top Ten 2013 Delaware Corporate and Commercial Decisions By: Francis G.X. Pileggi and Kevin F. Brady This is our ninth annual review of key Delaware corporate and commercial decisions. During 2013, we reviewed and summarized over 200 decisions from Delaware’s Supreme Court and Court of Chancery on corporate and commercial issues. Among the decisions with … Continue Reading

Supreme Court Rejects Contractual Indemnification Claim

Winshall v. Viacom International, Inc., Del. Supr., No. 39, 2013 (Oct. 8, 2013).  Issue Addressed: The Supreme Court affirmed a Chancery ruling that Viacom was not entitled to  contractual indemnification, and thus was required to release escrow funds. A prior Supreme Court decision in this case from July 2013, regarding arbitrability, was highlighted on these pages … Continue Reading

Delaware Court of Chancery Recites Standards Applicable to Non-Delaware Attorneys Admitted Pro Hac Vice

The Sequoia Presidential Yacht Group LLC v. FE Partners LLC, C.A. No. 8270-VCG (Del. Ch. July 5, 2013). Issue Addressed: In this short letter opinion, the Delaware Court of Chancery reiterated the standard of conduct that will be applied to non-Delaware attorneys who apply for admission pro hac vice to practice in Delaware courts The … Continue Reading

Chancery Addresses Attorney/Client Privilege and Work Product Doctrine

JPMorgan Chase & Co. v. American Century Companies, Inc., C.A. No. 6875-VCN (Del. Ch. April 18, 2013). Issue Addressed: Whether the attorney/client privilege and work product doctrine were defenses to a motion to compel? Short Answer:  Yes in part and no in part. Brief Overview This letter decision provides a useful application of both the attorney/client … Continue Reading

Chancery Denies Advancement Claim

Emerging Growth Fund, L.P. v. Figlus, C.A. No. 7936-VCP (Del. Ch. Mar. 28, 2013). This Chancery opinion denies a claim for advancement which was made as part of and in the context of a motion for a preliminary injunction to enforce the terms of the parties’ partnership agreement. Applying basic contract interpretation principles, the court found that the … Continue Reading

Delaware Supreme Court on Promissory Estoppel

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, it remains noteworthy generally for its explanation of the latest Delaware law on promissory estoppel, … Continue Reading

Delaware Court of Chancery Publishes Guidelines for Practitioners and Litigants

The Court of Chancery hosted a seminar for practitioners on December 7, 2012 in Wilmington, in order to explain its recently promulgated Practice Guidelines as well as recent amendments to the rules governing confidentiality and electronic discovery. The materials discussed and distributed are “must reading” for both lawyers practicing in the Court and those out-of-state counsel … Continue Reading

Noteworthy 2011 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery

Noteworthy 2011 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 seventh year that we are providing an annual review of key Delaware corporate and commercial decisions. During 2011, we reviewed and summarized approximately 200 decisions from Delaware’s Supreme Court … 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 for Discovery Including Electronically Stored Information (the “Revised Default Standard”), which applies if the parties … Continue Reading

NJ Court Disqualifies Counsel Due to Conflict Based on Changing Firms

Martin v. AtlantiCare, 2011 U.S. Dist. LEXIS 122987 (Oct. 25, 2011 D.N.J.). Read opinion here . Although this overview is not highlighting a Delaware decision, because the issue addressed is an important one and the Court’s reasoning may be applicable generally in Delaware, we thought this case summary was noteworthy. Issue Whether a law firm … Continue Reading

United States Supreme Court Denies Certiorari in Insurer Standing Case

In re Global Industrial Technologies, Inc., 645 F.3d 201 (3d Cir. 2011), cert. denied, No. 11-280 (2011). On November 7, 2011, the U.S. Supreme Court denied certiorari of the Third Circuit decision in the Global Industrial Technologies bankruptcy that granted the debtors’ insurers standing to challenge provisions of the bankruptcy plan establishing a trust to … Continue Reading

Rule 11 Penalties Imposed

There are relatively few Delaware decisions interpreting Rule 11. A recent decision of the Delaware Superior Court added to the sparse Delaware jurisprudence on this issue and observed that Court of Chancery Rule 11 is identical to Superior Court Rule of Civil Procedure 11. In Re Asbestos Litigation, C.A. No. 09C-11-059 ASB; C.A. No. 09C-07-128 … Continue Reading

Professor Conaway on Piercing the LLC Veil

Professor Ann E. Conaway, a distinguished professor at the Widener University Law School, has provided scholarly insights here about her disagreement with some Delaware decisions in terms of how they approach piercing the veil of an LLC and why the analysis should not be the same as would apply to piercing the corporate veil. An … Continue Reading

Chancery Allows Statutory Claims for Treble Damages to Proceed against Trustee for Breach of Fiduciary Duty

Merrill Lynch Trust Company, FSB v. Campbell, C.A. No. 1803-VCN (Del. Ch. Sept. 28, 2011). Read letter ruling here. Summaries of prior Chancery decisions in this case are available here and here. Issue Addressed In the latest iteration of this long running dispute, which has featured remands to the Court of Chancery from two appeals … Continue Reading

Deposition Practice in Delaware

`Depositions in Delaware are subject to rules of practice and procedure that are materially different in form and substance to what I have observed in many other states. Both the Delaware Chancery Court and the Delaware Supreme Court enforce the rules relating to deposition practice and take it very seriously. In a seminar last week, … Continue Reading

Georgia On My Mind

The recent invasion of Georgia by Russia reminded me of something that we in the U.S. understandably take for granted. Regardless of the unrest occurring in the rest of the world, we have the luxury of contemplating and writing about Delaware corporate law without worrying about other countries encroaching our borders–at least via conventional warfare. Residents … Continue Reading

Collateral Estoppel Bars Pending Claims

In Troy Corp. v. Schoon, (Del. Ch., July 18, 2008), read opinion here, the Chancery Court addressed the issue of collateral estoppel and found that certain claims were barred due to prior litigation in which the plaintiffs had the opportunity to raise the same claims that are now being pursued in this current matter. The Court … Continue Reading

Supreme Court Upholds Dismissal As Penalty for Failure to Comply with Discovery

In Hoag v. Amex Insurance Company, (Del. Supr., July 21, 2008), read opinion here, the Delaware Supreme Court upheld the trial court’s imposition of the penalty of dismissal of a complaint against a plaintiff that failed repeatedly to comply with orders compelling discovery of data that was key to the claims and defenses in the case. … Continue Reading