Chancery Imposes Substantial Penalties for Non-Compliance with Prior Order

Aveta, Inc. v. Bengoa, No. 3598-VCL (Del. Ch., Dec. 24, 2009), read opinion here. This Court of Chancery opinion issued on Christmas Eve was no present to the defendant. In essence, the Court imposed severe penalties on a party for failing to comply with a prior Order of the Court... Continue Reading...

Chancery Court Dismisses Sundry Claims Against LLC Members

Kuroda v. SPJS Holdings, L.L.C., Del. Ch., No. 4030-CC (April 15, 2009), read opinion here. This case involves the following claims among members of an LLC, arising out of an LLC Agreement: (i) breach of contract; (ii) tortious interference with contract; (iii) tortious interference with prospective economic advantage; (iv) breach... Continue Reading...

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

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 BASF Corporation, seeking to withdraw from defendant... Continue Reading...

Delaware Chancery Court Rules That Wachtell Firm Not Disqualified Due to Prior Representation of Dow, From Suing Dow for Rohm and Haas

The Delaware Chancery Court ruled today that it would deny a motion to disqualify the Wachtell Lipton firm from representing Rohm and Haas in its pending suit against Dow Chemical despite the prior representation of Dow by Wachtell. Rohm and Haas Co. v. Dow Chemical Co., (Del. Ch., Feb. 12,... Continue Reading...