Today the Delaware Court of Chancery issued an opinion in Strougo v. Hollander, C.A. No. 9770-CB (Del. Ch. Mar. 16, 2015), on an issue of first impression. The Court did not decide the merits of the underlying complaint; the only issue before the Court on the narrow motion for partial judgment on the
Aimee Czachorowski
Standard for Motion for Clarification
By Aimee Czachorowski on
Posted in Chancery Court Updates
This short opinion in the ongoing matter of Gore v. Al Jazeera America Holdings I, Inc., C.A. No. 10040-VCG (Del. Ch. Feb. 19, 2015), is notable for its recitation of the standard governing a motion for clarification pursuant to Court of Chancery Rule 59(f). In footnote 1, the Court states that “A motion for clarification…
Deficient Privilege Logs Lead to Waiver of Privilege
By Aimee Czachorowski on
Posted in Chancery Court Updates
Why this case is noteworthy: The Court of Chancery provides a must-read primer on privilege and redaction logs – – and penalties for non-compliance – – in a decision on a motion to compel in Mechel Bluestone, Inc. v. James C. Justice Companies, Inc., C.A. No. 9218-VCL (Del. Ch. Dec. 12, 2014). The underlying…
Permanent Injunction Denied Where it Would be Ineffective at Protecting From the Risk of Harm
By Aimee Czachorowski on
Posted in Delaware Supreme Court Updates
The Delaware Supreme Court, in North River Ins. Co. v. Mine Safety Appliance Co., — A.3d –, 2014 WL 5784588 (Del. Nov. 6, 2014), addressed a failed attempt to control multi-forum litigation. Delaware’s high court affirmed the Court of Chancery’s denial of a permanent injunction barring Mine Safety from prospectively assigning its rights under…
Indemnification Rights Not Stymied by Amendment to Operating Agreement
By Aimee Czachorowski on
Posted in Chancery Court Updates
The case of Branin v. Stein Roe Investment Counsel, LLC, 2014 WL 2961084 (Del. Ch. June 30, 2014) raised the interesting question of whether the operating agreement in effect at the time the suit was filed or the operating agreement in effect at the time the indemnification claim was made will control the right…