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Posted on December 10, 2008 by Francis G.X. Pileggi

Chancery Stays Discovery Pending Motion for Judgment on the Pleadings

TravelCenters of America LLC v. Brog, (Del. Ch., Nov. 21, 2008), read opinion here. The Chancery Court issued two prior opinions in this case, one of which was especially noteworthy, and both were summarized here. In this letter ruling, the court discussed the discretionary factors applied by the court in... Continue Reading...

Tags: Chancery Court Updates, discovery's purpose, frivolous claims, motion to stay, res judicata

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...

Tags: Chancery Court Updates, Review standard applied to stock-for-stock merger, disclosure, duty of care, expedited proceedings, first-filed doctrine, forum non conveniens, motion to stay