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 →

Court Dismisses Claims for Breach of Implied Covenant of Good Faith and Fair Dealing; Provides Commentary on Rule 12(b)(6) Pleading Standard

Posted on November 13th, 2011 by Francis Pileggi

In Winshall v. Viacom Int’l., C. A. No. 6074-CS (Del. Ch., Nov. 10, 2011), read opinion here, the Delaware Court of Chancery granted a motion to dismiss a claim for breach of the implied covenant of good faith and fair … Continue reading →

Chancery Court Allows Purchaser to Continue Post-Closing Dispute Based on Contract Claims

Posted on February 7th, 2009 by Francis Pileggi

BAE Systems Information and Electronic Systems Integration Inc. v. Lockheed Martin, (Del. Ch., Feb. 3, 2009), read opinion here. We are fortunate to have the following review and analysis of this case prepared by Kevin Brady,  a partner in the Business Law Group at … Continue reading →

Fiduciary Duty Claims Survive Motion to Dismiss, But Not Disclosure Claims

Posted on December 21st, 2008 by Francis Pileggi

Brinckerhoff v. Texas Eastern Products Pipeline Company, LLC ,  (Del. Ch., Nov. 25, 2008), read opinion here. In this decision, the Chancery Court denied a motion to dismiss based on Rule 12(b)(6), in connection with a fiduciary duty claim against certain directors. The … Continue reading →