Posted on October 30, 2009 by Francis G.X. Pileggi

Chancery Court Rejects Request for Fees and Costs Despite Granting Second Motion to Compel Discovery Against eBay

eBay Domestic Holdings, Inc. v. Newmark, No. 3705-CC (Del. Ch. Oct. 29, 2009), read opinion here. See prior Chancery Court decisions in this case summarized here and here. This letter decision rules on a Motion to Compel discovery responses and continuations of depositions. Background and Prior Order There were six... Continue Reading...
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Posted on September 21, 2008 by Francis G.X. Pileggi

Limited Discovery Allowed For Objectors to Class Action Settlement

In the Chancery Court case of In re Countrywide Corp. S'hldrs Litig., 2008 WL 4173839 (Del. Ch., Sept. 10, 2008), the objectors to a proposed class action settlement were allowed limited discovery. One of the arguments of the objectors was that the directors that may have been personally liable on... Continue Reading...
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Posted on August 11, 2008 by Francis G.X. Pileggi

Updates from the Annual ABA Meeting in New York City

I am at the Annual ABA Meeting in New York City today. I just attended a helpful presentation on the multi-faceted aspects of the attorney/client privilege in the context of shareholder derivative suits and special litigation committees of the board of directors. Wilmington lawyer Kurt Heyman moderated the panel that... 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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