A recent Delaware Court of Chancery decision awarded fees incurred to defend a lawsuit that was filed in a forum contrary to the forum selection clause of the parties’ agreement, as well as the fees incurred in connection with enforcing the forum selection clause. In Namdar v. Fried, C.A. No. 2024-0535-JTL (Del. Ch. June
equitable remedies
Chancery Assesses Damages for Unfair Valuation
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery decision is a treasure trove of fundamental principles applicable to corporate litigation. In Ban v. Manheim, C.A. No.2022-0768-JTL (Del. Ch. May 19, 2025), the 60-plus page post-trial opinion applies an exemplary legal analysis to a complex web of entities controlled by one person, to explain why the valuation…
Chancery Denies Motion for Reargument and Affirms Decision to Provide Equitable and Monetary Remedies for Breach of an Agreement to Negotiate in Good Faith
By Francis Pileggi on
Posted in Court of Chancery Updates
PharmAthene, Inc. v. SIGA Technologies, Inc., C.A. No. 2627-VCP (Del. Ch. Dec. 16, 2011), read opinion denying a motion for reargument here. The Court of Chancery’s original 117-page decision from September 2011 involving the award of damages for breach of an “agreement to negotiate in good faith” was highlighted on these pages here…
Chancery Denies Motion for Reargument and Explains Law of the Case Doctrine
By Francis Pileggi on
Posted in Court of Chancery Updates
Naughty Monkey LLC v. MarineMax Northeast LLC, C.A. No. 5095-VCN (Del. Ch. Dec. 20, 2011). This is the latest in a series of decisions by the Court of Chancery involving these parties and their long running dispute over the purchase and sale of a very expensive boat. See highlights of prior decisions here and …