In my latest ethics column for The Bencher, the national publication of the American Inns of Court, I highlighted a recent decision by a federal district court in which a law firm was disqualified based on its representation of two adverse subsidiaries of a parent company. The court’s useful application of Rule 1.7
Other Court Decisions
Supreme Court Reinforces Second Amendment Rights
By Francis Pileggi on
Posted in Other Court Decisions
The recent decision from the United States Supreme Court in Caetano v. Massachusetts, 577 U.S. _ (March 21, 2016), includes a concurring opinion that is a forceful reiteration of the Supreme Court’s position on the Second Amendment. As many readers know, the decision in McDonald v. Chicago, 561 U.S. 742, 750 (2010), held…
Large Defamation Damage Award Upheld Against Hewlett-Packard
By Francis Pileggi on
Posted in Other Court Decisions
The opinion in Professional Investigating & Consulting Agency, Inc. v. Hewlett-Packard Co., C.A. No. N12C-06-196 MMJ CCLD (Del. Super. Mar. 23, 2015), applies the Delaware law of defamation in the context of a claim by one business vendor against a large iconic company. The fascinating and scholarly opinion uses the word “humiliation” in the…
Third Circuit Binds Non-Signatory to Forum Selection Clause
By Aimee Czachorowski on
Posted in Other Court Decisions
The Third Circuit, applying Delaware law in Carlyle Investment Management LLC v. Moonmouth Company SA, No. 13-3526 (3rd Cir. Feb. 25, 2015), recently bound a non-signatory to a forum selection clause found in a subscription agreement. The court applied a three part test to determine whether the non-signatory should be bound by the forum…
Contract Interpretation Under PA Law
By Francis Pileggi on
Posted in Other Court Decisions
A helpful review of contract interpretation principles under Pennsylvania law was provided in an opinion by the U.S. District Court for the Eastern District of Pennsylvania, styled Artesian Water Company v. Chester Water Authority (E.D. Pa. Sept. 30, 2014). We represented Chester Water Authority in this matter. A prior decision in the same case, also…
U.S. Supreme Court Declines to Hear Appeal of Chancery Arbitration Program
By Francis Pileggi on
Posted in Chancery Court Updates, Other Court Decisions
As previously reported on these pages, the U.S. Court of Appeals for the Third Circuit found that a confidential arbitration program sponsored by the Court of Chancery for major business disputes ran afoul of the U.S. Constitution. The U.S. Supreme Court on March 24 declined to accept an appeal of that decision. That leaves the…
Advance Waiver of Future Conflicts Upheld by Federal Court
By Francis Pileggi on
For my regular ethics column for the current issue of The Bencher, the national publication of the American Inns of Court, I wrote an article about a recent federal court decision that upheld the enforceability of a waiver, in advance, of future conflicts, and discussed the prerequisites for the validity of such a waiver.
Delaware’s Demand Futility Test Used by High Court of Marshall Islands
By Kevin F. Brady on
Posted in Other Court Decisions
As we have noted from time to time, other jurisdictions are very interested in and follow Delaware corporate law in deciding cases. This post is a follow-up to a December 2011 post about a decision issued by the High Court of the Republic of the Marshall Islands (located in the South Pacific). This is the…
Third Circuit Court of Appeals Certifies Question to Delaware Supreme Court
By Francis Pileggi on
Posted in Other Court Decisions
Doe v. Wilmington Housing Authority, No. 12-3433 (3rd. Cir., July 18, 2013)
In essence: This recent decision of the U.S. Court of Appeals for the Third Circuit is somewhat off topic for this blog, but the issue it addresses should be of universal interest because it deals with the natural right of self defense…
U.S. Supreme Court Court’s Decision In Criminal Case Has Implications For Directors And Officers
By Kevin F. Brady on
Posted in Other Court Decisions, Uncategorized
This post comes from Frances Goins of Ulmer & Berne in Cleveland. Frances is the Chair of the ABA Business Law Section’s Subcommittee on Developments in D&O Liability.
On June 16, 2013, the U.S. Supreme Court handed down its decision in Salinas v. Texas HERE which resulted from a criminal prosecution in which the defendant…