Posted on August 18, 2008 by Francis G.X. Pileggi

Professor Bainbridge: Delaware Legislature Should Revisit DGCL Section 102 (b)(7)

Professor Stephen Bainbridge muses here about the recent Ryan v. Lyondell decision by the Delaware Chancery Court, summarized here, as well as insights by Professor Gordon Smith (who views the decision as predictable), and suggests that it is time for the Delaware Legislature to revisit DGCL Section 102(b)(7) to, among... Continue Reading...
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Posted on July 25, 2008 by Francis G.X. Pileggi

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... Continue Reading...
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Posted on July 17, 2008 by Francis G.X. Pileggi

Supreme Court Decides SEC-presented Delaware Bylaw Issue

CA, Inc. v. AFSCME Employees Pension Plan, (Del. Supr., July 17, 2008), read opinion here.(Revised opinion dated August 15, 2008, available here.) This Delaware Supreme Court decision has been anticipated by the corporate legal world with great interest since oral arguments were heard by Delaware's High Court last week. My... Continue Reading...
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