Chancery Court Applies 20-year Statute of Limitations for Contracts "Under Seal"; Rejects Laches Defense. Defines "Inquiry Notice"

Whittington v. Dragon Group L.L.C., No. 2291-VCP (Feb. 15, 2010), read opinion here. Previous decisions of the Delaware courts in the long line of cases involving this internecine warfare among family members fighting over their interests in various business entities, have been summarized on this blog and can be found... Continue Reading...

Chancery Court Applies Laches to Prevent Claim Brought Within Applicable Statute of Limitations

Whittington v. Dragon Group, L.L.C., No. 2291-VCP (Del. Ch., June 11, 2009), read opinion here. Among the several prior decisions of the Chancery Court in this case, the two most recent have been summarized on this blog and are available here. Overview This Chancery Court decision is one in a... Continue Reading...

Chancery Court Dismisses Class Action Allegations of Overpayment in Recapitalization Transaction on Standing Basis But Disclosure Claims Allowed to Proceed

Dubroff, et al. v. Wren Holdings, LLC, et al., Del. Ch., No. 3940-VCN (May 22, 2009), read opinion here. Kevin Brady, a highly-respected Delaware litigator, provides us with the benefit of his following review of this Delaware Chancery Court decision. On May 22, 2009, Vice Chancellor Noble granted in... Continue Reading...

Delaware Supreme Court Reverses Chancery Court Based on Statute of Limitations and Laches

Reid v. Spazio et al., Del. Supr., No. 199, 2008 (April 9, 2009), read opinion here. Kevin Brady, a highly respected Delaware litigator, provides us with the benefit of his review of this decision. Yesterday, the Delaware Supreme Court reversed and remanded the Court of Chancery’s dismissal of plaintiff’s complaint... Continue Reading...

Chancery Court Rules on Business Break-up Issues and Decides Oral Resignation of Director is Effective

In General Video Corp. v. Kertesz, et al., 2008 Del Ch. LEXIS 181 (Dec. 17, 2008), read opinion here, the Delaware Chancery Court addresses in a 76-page decision, issues of practical importance to anyone interested in the sundry dilemmas that always arise in connection with the "break-up" of a closely-held... Continue Reading...

Chancery Court Addresses Limited Scope of Its Subject Matter Jurisdiction

In Medek v. Medek, 2008 WL 4261017 (Del. Ch., Sept. 10, 2008), the Delaware Chancery Court described in great detail the limited scope of its subject matter jurisdiction, based in the distinction between the courts of equity as they were separated in "merry old England" compared to what were described... Continue Reading...