Tag Archives: equitable jurisdiction

No Equitable Jurisdiction for This Declaratory Judgment Suit

A recent Delaware Court of Chancery opinion provides a reminder of the limited jurisdiction of Delaware’s court of equity and why not all suits for declaratory judgment satisfy the narrow subject matter jurisdiction of the Court of Chancery.  See Takeda Pharmaceuticals U.S.A., Inc. v. Genentech, Inc., C.A. No. 2018-0384-MTZ (Del. Ch. Mar. 26, 2019). Background: … Continue Reading

Chancery Exercises Jurisdiction in Dispute Among Shareholders of Foreign Corporation

Darby Emerging Market Fund, L.P. v. Ryan,  Consol. C.A. No. 8381-VCP (Del. Ch. Nov. 27, 2013). This Chancery decision addressed whether the Court had equitable jurisdiction over a dispute among shareholders of a foreign entity. Delaware’s court of equity relied on the well-worn “clean up doctrine”, which allows it to exercise equitable jurisdiction over an … Continue Reading

Supreme Court Upholds Forum Selection Clause Against Kuwaiti Company

National Industries Group (Holding) v. Carlyle  Investment Management LLC, Del. Supr., No. 596, 2012 (May 29, 2013). Issues Addressed: Enforceability of a forum selection clause, and the prerequisites to vacate a judgment under Court of Chancery Rule 60(b)(6). Brief Background This case involved a dispute between two sophisticated entities. One was based in Kuwait and … Continue Reading

Chancery Applies “Walks Like a Duck” Test for Equity Jurisdiction; and Rejects Alleged Insolvency of Defendant as Hook to Invoke Equitable Jurisdiction

Hillsboro Energy, LLC v. Secure Energy, Inc., (Del. Ch., Oct. 3, 2008), read opinion here. The introductory paragraph of the opinion provides the best overview of the case: This case exemplifies the old adage: If it walks like a duck, and quacks like duck, it’s probably a duck. Despite plaintiff’s ingenious arguments to the contrary, … Continue Reading
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