In the Matter of Transamerica Airlines, 2007 WL 1555734 (Del. Ch., May 25, 2007), read opinion here. This Chancery Court opinion involves the analysis and enforceability, pursuant to Delaware’s Uniform Foreign Money-Judgments Recognition Act , of a judgment obtained in the country of Nigeria. The court conducted a thorough review of the issues in this litigation that started in Nigeria more than a generation ago, and found the judgment enforceable.
A very useful tip for the Delaware Chancery Court practitioner that can be taken from this opinion is the discussion of Chancery Court Rule 56(e) which addresses the prerequisites for affidavits that are submitted in support of a summary judgment motion. Here there were two cross-motions for summary judgment pursuant to Rule 56(h), however the court struck portions of one of the affidavits that was not based on personal knowledge, and portions of which would not be admissible in evidence as required by Rule 56(e).
Here is a summary on this blog of a prior procedural decision by the Chancery Court in this case that also discusses the extensive factual and procedural background in more detail.