In Energy  Partners, Ltd. v. Stone Energy Corp., (Del. Ch., Oct. 11, 2006), read opinion here,  the Chancery Court addressed whether the issue presented was ripe in the context of an expedited trial to interpret provisions of a merger agreement that was attacked on several fronts, including a third party that made a…

Though this blog focuses on Delaware decisions addressing business law topics, there are not nearly as many decisions on some parts of the relatively recent LLC statutes–compared with the bountiful case law on the DGCL. Thus, when a court of another state interprets those Delaware statutes it is worth a reference. See, e.g., Horning case I summarized here . [Aside:…

Prof. Ribstein just published an article that discusses the law and economics of weblogs or blogs. He refers to blogs in the article as "amateur journalism", but as a leading blogger himself, on his blog named Ideoblog, he uses the term in a positive sense. Here is the link to his summary of the…

In Franklin Balance Sheet Investment Fund v. Crowley,  (Del. Ch., Oct. 19, 2006), read opinion here , the Chancery Court addressed the following issues in a case involving claims of fiduciary duty breaches, self-dealing and entrenchment:

1) Under Chancery Court Rule 15(aaa), the plaintiff must choose to rest on his complaint or amend it…

In Dewey Beach Lions Club v. Longacre, et al., (Del. Ch., Oct. 11, 2006), read opinion here , the Chancery Court ruled on a post-trial "bill of costs" pursuant to Chancery Court Rule 54(d). This is the sort of practical letter opinion that I like to refer to as a useful reference tool for…

In Polygon Global Opportunities Master Fund v. West Corp., 2006  WL 2947486 (Del. Ch., October 12, 2006), read opinion here, the Delaware Chancery Court addressed another request for books and records under DGCL Section 220 by a hedge fund and found it wanting, as explained in this thoroughly reasoned opinion. For another recent Chancery decision, Highland…

 In Cornerstone Brands, Inc. v. O’Steen, read opinion here , the Chancellor discussed, among other things,  the topic of  forum selection clauses, which are routinely upheld in Delaware. The most noteworthy aspect of this opinion, which I predict will be an often cited opinion for this reason, held that a claim for attorneys’ fees could proceed …

 In Davis International, LLC v. New Start Group Corp., read opinion here, the Chancery Court refused to lift its earlier stay in favor of pending federal proceedings, in reply to, in essence, a motion for reconsideration of an earlier decision in light of subsequent developments.  Especially noteworthy at footnote 10 is a discussion of …