Tag Archives: delaware litigation

Chancery Allows Statutory Claims for Treble Damages to Proceed against Trustee for Breach of Fiduciary Duty

Merrill Lynch Trust Company, FSB v. Campbell, C.A. No. 1803-VCN (Del. Ch. Sept. 28, 2011). Read letter ruling here. Summaries of prior Chancery decisions in this case are available here and here. Issue Addressed In the latest iteration of this long running dispute, which has featured remands to the Court of Chancery from two appeals … Continue Reading

Deposition Practice in Delaware

Depositions in Delaware are subject to rules of practice and procedure that are materially different in form and substance to what I have observed in many other states. Both the Delaware Chancery Court and the Delaware Supreme Court enforce the rules relating to deposition practice and take it very seriously. In a seminar last week, … Continue Reading

Georgia On My Mind

The recent invasion of Georgia by Russia reminded me of something that we in the U.S. understandably take for granted. Regardless of the unrest occurring in the rest of the world, we have the luxury of contemplating and writing about Delaware corporate law without worrying about other countries encroaching our borders–at least via conventional warfare. Residents … Continue Reading

Collateral Estoppel Bars Pending Claims

In Troy Corp. v. Schoon, (Del. Ch., July 18, 2008), read opinion here, the Chancery Court addressed the issue of collateral estoppel and found that certain claims were barred due to prior litigation in which the plaintiffs had the opportunity to raise the same claims that are now being pursued in this current matter. The Court … Continue Reading

Supreme Court Upholds Dismissal As Penalty for Failure to Comply with Discovery

In Hoag v. Amex Insurance Company, (Del. Supr., July 21, 2008), read opinion here, the Delaware Supreme Court upheld the trial court’s imposition of the penalty of dismissal of a complaint against a plaintiff that failed repeatedly to comply with orders compelling discovery of data that was key to the claims and defenses in the case. … Continue Reading