Delaware Supreme Court Reverses Chancery on Federal Motion to Dismiss Standard

Posted on January 23rd, 2012 by Francis Pileggi

Cambium Ltd. v. Trilantic Capital Partners, No. 363, 2011 (Del. Supr, Jan. 20, 2011), read Order here. This Order of the Delaware Supreme Court applied the recent decision of Delaware’s High Court in the Central Mortgage case in which it clarified that … Continue reading →

Chancery Court Rejects BASF’s Claim to be Bought out of Partnership Involving Lyondell

Posted on March 6th, 2009 by Francis Pileggi

BASF Corp. v. POSM II Properties Partnership, L.P., (Del. Ch., Mar. 3, 2009), read opinion here. Kevin Brady, a highly respected Delaware litigator,  prepared the following review of the case. In this Chancery Court  decision, Vice Chancellor Strine dismissed an action brought by … Continue reading →

Court Allows Amended Complaint Despite Motion to Dismiss

Posted on August 16th, 2008 by Francis Pileggi

Sutherland v. Sutherland, 2008 WL 3021024 (Aug. 5, 2008). This is an example of the Chancery Court’s practical side which allows it to cut to the chase and avoid unnecessary procedural entanglements. In this case, despite a Motion to Dismiss … Continue reading →