Supreme Court Reverses Chancery on Collateral Estoppel/Demand Futility and Section 220 Issues

Posted on April 8th, 2013 by Francis Pileggi

Pyott v. Louisiana Municipal Police Employees’ Retirement System, No. 380, 2012 (Del. Supr., April 4, 2013) Issues Addressed:  (1) Whether or not a prior ruling by a California court dismissing a derivative suit served as a bar to subsequent Delaware derivative … Continue reading →

Chancery Applies First-Filed Rule to Stay Case

Posted on April 6th, 2013 by Francis Pileggi

Baden-Wurttenberg v. Walton Seattle Mezz Holdings VI-B, LLC, C.A. No. 7933-VCG (Del. Ch. April 1, 2013). This decision applies the familiar first-filed rule, and on that basis stayed this action in favor of a prior-filed lawsuit in the state of … Continue reading →

Tulane Corporate Law Seminar

Posted on March 21st, 2013 by Francis Pileggi

This is the 25th year that the Tulane Corporate Law Institute has presented a seminar in New Orleans that attracts corporate litigators and M & A lawyers from around the country to discuss the latest developments in corporate law. Members … Continue reading →

Vice Chancellor Publishes Article on Shareholder Litigation in Chancery

Posted on March 21st, 2013 by Francis Pileggi

Vice Chancellor Donald F. Parsons of the Delaware Court of Chancery has penned a law review article with a former law clerk on the topic of shareholder litigation and how the burgeoning cases in this area have led to refinements … Continue reading →

Chancery Dismisses Duplicative Delaware Suit in Favor of First-Filed California Case

Posted on March 7th, 2013 by Francis Pileggi

In Re Diamond Foods, Inc. Derivative Litigation, C.A. No. 7657-CS (Del. Ch. Feb. 28, 2013). Issue Addressed: Whether a derivative suit filed in Delaware should be dismissed in favor of a similar first-filed action in California. Short Answer: Yes. Short Overview of Case … Continue reading →

Chancery Bars Claims Based on “Issue Preclusion” Doctrine

Posted on February 19th, 2013 by Francis Pileggi

TR Investors, LLC v. Genger, C.A. No. 6697-CS (Del. Ch. Feb. 18, 2013). Issue addressed: Whether the doctrine of “issue preclusion” prevented the relitigation of issues previously decided, and thus supported the grant of a motion for summary judgment. Short … Continue reading →

New Articles of Interest to Delaware Corporate Lawyers and Litigators

Posted on January 15th, 2013 by Francis Pileggi

Two law review articles of interest to Delaware corporate lawyers and litigators arrived in the U.S. mail today and are linked below. Both articles are authored by luminaries familiar to all who follow developments in corporate law: The Delaware Journal … Continue reading →

Chancery Applies Familiar First-Filed Rule to Impose Stay

Posted on November 27th, 2012 by Francis Pileggi

Brookstone Partners Acquisition XVI, LLC v. Tanus, C.A. No. 7533-VCN (Del. Ch. Nov. 20, 2012). Issue Presented: The Court in this case applied the familiar first filed rule as a basis to grant a motion to stay in favor of … Continue reading →

Kuwaiti Company Gambles and Loses on Default Judgment; Court Enforces Forum Selection Clause

Posted on October 16th, 2012 by Francis Pileggi

Carlyle Investment Management L.L.C. v. National Industries Group (Holding), C.A. No. 5527-CS (Del. Ch. Oct. 11, 2012). Issue Presented: Whether a default judgment should be opened when the defendant Kuwaiti company agreed to a forum selection clause in Delaware and … Continue reading →

Chancery Finds Inadequate Representation by Derivative Plaintiff; Dismisses Complaint with Prejudice

Posted on September 27th, 2012 by Francis Pileggi

South v. Baker, C.A. No. 7294-VCL (Del. Ch. Sept. 25, 2012). Issues Addressed: This decision is a candidate for inclusion in the pantheon of iconic Delaware Court of Chancery opinions addressing the following issues:  (1) When derivative plaintiffs and their … Continue reading →

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