Posted on February 11, 2009 by Francis G.X. Pileggi

Chancery Reiterates Standards for TRO and Expedited Proceedings

Casale v. Bare, (Del. Ch., Jan. 27, 2009), read letter decision here, is a short Chancery Court ruling that is not remarkable for any reason except that it reiterates in an terse fashion what has been previously enunicated innumerable times in the past by this court, regarding: (i) the prerequisites... Continue Reading...
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Posted on December 28, 2008 by Francis G.X. Pileggi

Chancery Court Rules in Favor of Bank of New York Mellon Regarding Realogy Corporation Refinancing

The Bank of New York Mellon v. Realogy Corp., (Del. Ch., Dec. 18, 2008), read opinion here. This Chancery Court decision in favor of The Bank of New York Mellon ("BNYM"), involved contract interpretation of various documents in connection with an attempt to refinance. Both BNYM as indenture trustee, and... Continue Reading...
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Posted on December 12, 2008 by Francis G.X. Pileggi

Chancery Finds Lack of Support for Heightened Standard for Mandatory Injunction but Allows Expedited Proceedings

In Alpha Natural Resources, Inc. v. Cliff’s Natural Resources, Inc., (Del. Ch., November 6, 2008), read opinion here, the Chancery Court observed that in addition to the conventional prerequisites that must be satisfied before a “prohibitory preliminary injunction” will issue, when a “mandatory injunction” is requested, seeking affirmative corrective or... Continue Reading...
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Posted on November 11, 2008 by Francis G.X. Pileggi

Chancery Rules on Claims Related to Merrill Lynch Merger with Bank of America

County of York Employees Retirement Plan v. Merrill Lynch & Co., Inc., et al., (Del. Ch., Oct. 28, 2008), read opinion here. This 39-page Chancery Court decision addressed in a cursory but scholarly manner, several preliminary issues related to the recently announced merger of Merrill Lynch and Bank of... Continue Reading...
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