Posted on March 4, 2010 by Francis G.X. Pileggi

Chancery Applies Res Judicata and Judicial Estoppel to Bar Claims

Banet v. Fonds de Regulation et de Controle Cafe Cacao, C.A. No. 3742-CC (Del. Ch. March 12, 2010), read letter decision here. Prior Chancery decisions involving this matter have been highlighted on this blog here. The parties have also been engaged in extensive litigation in the New York courts. The... Continue Reading...
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Posted on December 28, 2009 by Francis G.X. Pileggi

Chancery Imposes Substantial Penalties for Non-Compliance with Prior Order

Aveta, Inc. v. Bengoa, No. 3598-VCL (Del. Ch., Dec. 24, 2009), read opinion here. This Court of Chancery opinion issued on Christmas Eve was no present to the defendant. In essence, the Court imposed severe penalties on a party for failing to comply with a prior Order of the Court... Continue Reading...
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Posted on May 6, 2009 by Francis G.X. Pileggi

Chancery Court Grants Motion in Limine Precluding Defendants from Raising Arguments Deemed Waived

Julian v. Eastern States Construction Service, Inc., Del. Ch., No. 1892-VCP (May 5, 2009), read opinion here. See prior Chancery Court decisions in this case summarized on this blog here. Kevin Brady, a highly respected Delaware litigator, provides us with the benefit of his following review of this case. On... Continue Reading...
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Posted on March 13, 2009 by Francis G.X. Pileggi

Supreme Court Rules on Interface between Indemnification Rights and Res Judicata

LaPoint v. AmerisourceBergen Corp., (Del. Supr., March 12, 2009), read opinion here. The Delaware Supreme Court in this decision addressed the procedural issues in connection with pursuing indemnification rights based on a contract in light of defenses based on res judicata and statute of limitations. Delaware's High Court reversed a... Continue Reading...
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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...
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