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
Other Court Decisions
Delaware Clarifies Costs Payable to Prevailing Party
By Francis Pileggi on
Posted in Other Court Decisions
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…
AI and the Law
By Francis Pileggi on
Posted in Other Court Decisions
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…
Court Finds Advancement Claim Unripe
By Francis Pileggi on
Posted in Other Court Decisions
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…
Transfer of Cases from Delaware Court of Chancery to Delaware Superior Court
By Francis Pileggi on
Posted in Other Court Decisions
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 and Federal Courts
By Francis Pileggi on
Posted in Other Court Decisions
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…
Zhongpin investors’ bid to get $41 million judgment from D&O insurer is dismissed from Superior Court
By Francis Pileggi on
Posted in Other Court Decisions
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…
Issue of Preservation of Privilege in Connection with the Sale of a Company
By Francis Pileggi on
Posted in Other Court Decisions
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.…
Delaware Court Addresses Claw-Back of Corporate Advancement and Indemnification
By Francis Pileggi on
Posted in Other Court Decisions
A recent Delaware decision addressed the request for a claw-back of legal expenses that a company was ordered to advance to an LLC manager in a prior Court of Chancery decision. In the case styled: New Wood Resources, LLC v. Baldwin, C.A. No. N20C-10-231-AML-CCLD, Order (Del. Super. Aug. 23, 2021), the Complex Commercial Litigation Division…
Delaware Superior Court finds D&O policy, Solera precedent, bar coverage “for” appraisal action
By Francis Pileggi on
Posted in Other Court Decisions
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.
The Delaware Superior Court recently dismissed Jarden LLC’s bid for D&O insurance coverage for an appraisal suit that was not “for” redress of a “wrongful act” – and even…