The New York Supreme Court Appellate Division, First Department issued a decision in Yudell v. Gilbert, Case No. 600404/08 (Aug. 7, 2012) affirming the dismissal of an action regarding a joint venture. See decision here. The Court, in analyzing the difference between a direct and a derivative action, stated that “New York lacked a clear … Continue Reading
The U.S. District Court for the District of Delaware recently issued a decision interpreting the Second Amendment to the U.S. Constitution, regarding the right to bear arms, as well as its counterpart in Delaware’s Constitution, as applied to residents of public housing. Doe v. Wilmington Housing Authority. We represent the plaintiff, with assistance from the country’s oldest civil rights … Continue Reading
We often review Delaware cases that address issues of arbitrability. For comparison purposes we bring you two recent decisions of the Pennsylvania Superior Court (the intermediate appellate court in the Keystone State), that addressed the issue of arbitrability in two companion cases involving the issue of whether breach of fiduciary duty claims against a trustee … Continue Reading
For those interested in contract interpretation principles under PA law, and in particular when extrinsic evidence will be allowed, such as course of performance and usage of the trade, the recent opinion by the U.S. District Court for the Eastern District of Pennsylvania, in Artesian Water Company v. Chester Water Authority, may be instructive. We represent … Continue Reading
David v. Human Genome Sciences, Inc., C. A. No. 12-965-SLR (D. Del.) (July 26, 2012). Issue Presented: Did the plaintiffs, security holders of defendant Human Genome Sciences, Inc. (“HGSI”), meet their burden of proof for injunctive relief in order for investors in HGSI to have more time to consider whether to tender their shares? Short … Continue Reading
Doug Batey on his LLC Law Monitor discusses a recent decision by a federal court in New York that pierced the veil of a Delaware LLC. He links to Delaware decisions on the topic and an article by Professor Bainbridge on the issue. It is essential reading for those who need to know about the differences … Continue Reading
The United States Court of Appeals for the Third Circuit in Race Tires America v. Hoosier Racing Tire Corp., et al., issued a decision on March 16, 2012 on a matter of first impression, vacating the Western District of Pennsylvania’s decision awarding in excess of $365,000 in taxable costs for activities related to e-discovery, such as hard … Continue Reading
In re Verasun Energy Corp., No. 08-12606 (BLS) (Bankr. D. Del. March 26, 2012) Issue Addressed Whether claims of former executives for money owed under change-in-control agreements should be capped by section 507(b)(7) of the Bankruptcy Code? Short Answer The Bankruptcy Court held that the change in control agreements were employment contracts and that the … Continue Reading
James T. Walmsley and Christopher W. Sullivan v. Frederick H. Ehmann, Steven Fishman, et al., C.A. No. 1845 EDA 2009 (Pa. Super. Ct. Feb. 28, 2012). This decision concerns the Pennsylvania Superior Court upholding the Court of Common Pleas ruling not to pierce the corporate veil of a Pennsylvania LLC, and the factors that are … Continue Reading
In re Amicus Wind Down Corporation, No. 11-13167 (KG) (Bankr. D. Del. Feb. 24, 2012). Issue Addressed Whether the burden of evicting a bankrupt subtenant fell upon the debtor/tenant or landlord? Short Answer The Bankruptcy Court for the District of Delaware held that the burden of evicting the subtenant and delivering the premises to the landlord was … Continue Reading
We have previously written on these pages about the relatively new Guidelines issued by the Delaware Court of Chancery, which are intended to give guidance to practitioners on procedural protocols before the Court. We have also written on these pages about the recently updated Default Standards for Electronic Discovery in the U.S. District Court for the District of … Continue Reading
The Delaware Court of Chancery’s confidential and expedited arbitration procedure, in which selected disputes are heard before a member of the Court at a final hearing within 90 days of a complaint being filed, as described in a prior post here, have been challenged in a federal lawsuit that was filed in October to contest the … Continue Reading
In Hosanna-Tabor v. EEOC (download here), the U.S. Supreme Court yesterday recognized a defense that churches may assert against claims by some employees based on anti-discrimination laws, such as a minister that claims she was discriminated against on an issue that comes within the scope of the church’s religious beliefs. Professor Bainbridge comments on this important … Continue Reading
Burtch v. Revchem Composites, Inc., f/n/a Revchem Plastics, Inc. (In re Sierra Concrete Design, Inc.), Adv. Case No. 10-52667 (CSS) (Bankr. D. Del., Jan. 4, 2012), read opinion here. Tara Lattomus of Eckert Seamans prepared this summary. Issue Addressed Whether a creditor sued in a preference action was entitled to summary judgment based upon the … Continue Reading
Periodically we report on rule changes in the federal courts so that practitioners are away of these changes and how they might affect litigation practice in Delaware courts. On December 8, 2011, the District of Delaware revised its Default Standard for Discovery Including Electronically Stored Information (the “Revised Default Standard”), which applies if the parties … Continue Reading
Miller v. Metal Exchange Corporation (In re: IH 1, Inc. f/k/a Indalex Holdings Finance, Inc.), Adv. Case No. 11-51329 (PJW) (Bankr. D. Del., Dec. 30, 2011), read opinion here. This summary was prepared by Tara Lattomus of Eckert Seamans. Issue Addressed Whether a Chapter 7 trustee could amend a preference complaint pursuant to Federal Rule … Continue Reading
For those readers who are students of Delaware corporate law and are interested in how Delaware corporate law is viewed by other courts in different parts of the world, we present an interesting decision recently issued by the High Court of the Republic of the Marshall Islands (located in the South Pacific) where the Court granted the defendants’ motion … Continue Reading
From time to time it is interesting to compare corporate law decisions from courts outside of Delaware. In Fundamental Partners, et al. v. Gaudet, et al., No. 11112589 (Phila. Ct. Com. Pl., Nov. 23, 2011), read opinion here, the Court of Common Pleas in Philadelphia, PA, dismissed a shareholder derivative action challenging the acquisition of … Continue Reading
Friedman’s, Inc. v. Roth Staffing Companies, L.P. (In re Friedman’s, Inc.), Adv. Case No. 09-50364 (CSS) (Bankr. D. Del. Nov. 30, 2011), read opinion here. Tara Lattomus of Eckert Seamans prepared this summary. Issue Addressed Whether the debtor’s post-petition payment of a previously unpaid pre-petition claim reduced a creditor’s new value defense and increased its … Continue Reading
In re Heckman Corporation Securities Litigation, C.A. No. 10-378-LPS-MPT (D.Del. Nov. 22, 2011), read opinion here. This decision of the U.S. District Court for the District of Delaware dealt with the issue of whether former counsel for a former corporate officer could be forced to assist in serving process on their former client. The Court in … Continue Reading
My latest ethics column for current edition of The Bencher, the national publication of the American Inns of Court, addresses a recent Delaware decision granting a motion to recuse, and is available here. This month’s column was co-authored by a former associate of Eckert Seamans’ Delaware office. Prior ethics columns from The Bencher, which are … Continue Reading
Creative Montessori Learning Center v. Ashford Gear LLC, No. 11-8020, (7th Cir. Nov. 22, 2011) (Posner, J.) read opinion here. This decision of the U.S. Court of Appeals for the 7th Circuit finds its place on this blog primarily because it addresses the conduct of class action counsel which is a topic discussed in the … Continue Reading
Largent v. Reed (Pa. Ct. Common Pleas, Nov. 8, 2011). The purpose of including this Pennsylvania trial court opinion is because of its broad applicability and its relevance to discovery generally in business litigation cases. The decision granted a discovery request by a defendant in a civil case, ordering the production of the opposing party’s login … Continue Reading
Martin v. AtlantiCare, 2011 U.S. Dist. LEXIS 122987 (Oct. 25, 2011 D.N.J.). Read opinion here . Although this overview is not highlighting a Delaware decision, because the issue addressed is an important one and the Court’s reasoning may be applicable generally in Delaware, we thought this case summary was noteworthy. Issue Whether a law firm … Continue Reading
