Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
The following synopsis was prepared by Chauna Abner, an attorney in the Delaware office of Eckert Seamans.
In Lyons Ins. Agency, Inc. v. Kelly Wark, et al., C.A. No. 2017-0348-SG (Del. Ch., Jan. 28, 2020), the Court of Chancery opined on the enforceability of a liquidated damages provisions in a non-competition agreement. The Court …
The Delaware Court of Chancery granted a TRO recently to enforce a covenant-not-to-compete, or non-compete agreement, notwithstanding a liquidated damages provision and the (unsuccessful) argument that such a provision created the absence of irreparable harm needed for injunctive relief. In Affinity Wealth Management LLC v. McPoyle, C.A. No. 2019-0441-JTL, transcript (Del. Ch. June 18,…
W.L. Gore & Assoc., Inc. v. Wu, C.A. No. 7946-VCP, Order (Del. Ch. Nov. 2, 2012).
Why this case is blogworthy: This Order of the Delaware Court of Chancery held the defendant in contempt of court for violation of a prior order of the court, and the order specifies that if the defendant…
In a post-trial decision, the Court of Chancery in Dweck v. Nasser, C. A. No. 1353-VCL (Jan. 18, 2012), found that Dweck, the former CEO, a director and 30% stockholder in Kids International Corporation (“Kids”), and Kevin Taxin, Kids’ President, breached their fiduciary duties of loyalty to Kids by establishing competing companies that usurped…
Geovesi Holdings Ltd v. Bisson, C.A. No. 6780-VCL (Del. Ch. Sept. 19, 2011). Read opinion here.
This letter decision denied a motion for injunctive relief to enforce a non-compete agreement, and is notable for its brevity of less than two pages but it is also noteworthy for the explanation that provides the basis…
Mobile Diagnostic Group Holdings, LLC v. Suer, Del. Ch., No. 4298-CC (March 24, 2009), read opinion here.
Kevin Brady, a highly respected Delaware litigator, provides us with the following review of this decision.
Chancellor Chandler dismissed this action seeking to enforce the terms of non-competition covenants that defendant Suer allegedly agreed to in connection with the…