Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
The U.S. Supreme Court’s decision last month in Wolford v. Lopez, clarified prior U.S. Supreme Court decisions on the proper interpretation of the Second Amendment. Some courts continue to defy the supreme law of the land on this issue.
In the Wolford decision, the country’s highest court admonished the Hawaii Supreme Court that…
A recent decision of the U.S. District Court for the District of Delaware addressed a federal statute that allows, under certain circumstances, discovery in a U.S. federal court to aid a lawsuit pending in another country, in the matter styled: In re Application of Vestolit GmbH and Celanese Europe B.V., Misc. No. 24-cv-1401-CFC…
A recent Delaware Superior Court decision recognized the fundamental natural right of self-defense for young adults when it held that a statute that criminalized the purchase of most firearms by Delawareans 18-to-20-years-old violated Article I, Section 20 of the Delaware Constitution, the State’s analogue to the Second Amendment. This may seem far afield from the…
This post was prepared by Aimee Czachorowski, an attorney in the Delaware office of Lewis Brisbois.
Specific costs recoverable by a prevailing party is an oft-asked question in the Delaware courts. The Superior Court’s Complex Commercial Litigation Division recently addressed what expert fees and trial technology costs can be recovered by the prevailing party in…
The U.S. Court of Appeals for the Eleventh Circuit recently published a concurring opinion in which the judge explained how he used different AI-powered large language models like OpenAI’s ChatGPT to interpret words and phrases at issue in the case decided. Snell v. United Specialty Insurance Company, No. 22-12581 (11th Cir. May 28, 2024)(Newsom…
This post was prepared by Andrew J. Czerkawski, an associate in the Delaware office of Lewis Brisbois, who is scheduled to be sworn in to the Delaware Bar in December 2023.
In Tilton v. Stila Styles, LLC, 2023 Del. Super. LEXIS 772 (Del. Super. Ct. Sep. 19, 2023), the Delaware Superior Court found an…
A recent decision of the Delaware Superior Court cited an article that I co-authored with Chauna Abner that provides a step-by-step guide to transferring cases from the Delaware Court of Chancery to Delaware’s trial court of general jurisdiction, the Superior Court. See RiseDelaware Inc. v. DeMatteis, C.A. No. N22C-09-526-CLS (Del. Super. May 22, 2023). …
Forum selection clauses have been the focus of many decision highlighted on these pages over the last 18 years. But a pending appeal before the en banc U.S. Court of Appeals for the Ninth Circuit may have an outsized impact on Delaware litigation regarding this issue. In a case involving the Gap, Inc., the…
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years.
Vice Chancellor Joseph Slights recently ruled that Zhongpin Inc. shareholders have no standing to sue the food processors’ D&O insurer directly to collect a $41.3 million default judgement they…
The purpose of this short blog post is to identify key decisions that are merely a helpful starting point in an analysis of whether or not the attorney/client privilege was preserved by the seller of a company post-closing, depending on whether the transaction was a sale of assets, or a statutory merger, or some variation.…