There are many decisions highlighted on these pages ordering the enforcement of forum selection clauses. A recent transcript ruling is notable for granting expedited proceedings, without ruling on the merits, for a plaintiff who sought to enforce a forum selection clause even though the plaintiff was not a signatory to the agreement with the forum
expedited proceedings
Chancery Denies Expedited Proceedings for Challengers of Dell Deal
By Francis Pileggi on
Posted in Chancery Court Updates
In re Dell Inc. Shareholder Litigation, No. 8329, hearing transcript released (Del. Ch. June 27, 2013).
In a ruling from the bench, the Court of Chancery denied a request for expedited proceedings requested by challengers of the pending deal involving Dell. The plaintiffs failed to convince the court that they had a “colorable claim”…
Vice Chancellor Publishes Article on Shareholder Litigation in Chancery
By Francis Pileggi on
Posted in Commentary
Vice Chancellor Donald F. Parsons of the Delaware Court of Chancery has penned a law review article with a former law clerk on the topic of shareholder litigation and how the burgeoning cases in this area have led to refinements in how shareholder representative suits in Chancery are handled. The article is entitled: Docket Dividends: …
Chancery Denies Motion to Expedite
By Francis Pileggi on
Posted in Chancery Court Updates
In re BioClinica, Inc. Shareholder Litigation, C.A. No. 8272-VCG (Del. Ch. Feb. 25, 2013). This Chancery ruling denied a motion to expedite claims in consolidated cases that were quickly filed to challenge the merger of BioClinica with JLL Partners. The court explained the basis for the denial as the absence of any colorable claims.…
Chancery Grants Expedited Proceedings To Consider Appointment of Receiver or Custodian for Insolvent Company
By Francis Pileggi on
Posted in Chancery Court Updates
Balch Hill Partners, L.P. v. Shocking Technologies, Inc., C.A. No. 8249-VCN (Del. Ch. Feb. 7, 2013).
Issue addressed: Whether expedited proceedings should be granted to consider the appointment of a receiver or custodian for an allegedly insolvent company pursuant to DGCL Sections 291 and 226? Short answer: Yes
Brief Overview
This letter…
Chancery Reiterates Standard for Expedited Proceedings
By Francis Pileggi on
Posted in Chancery Court Updates
The Renco Group, Inc. v. MacAndrews AMG Holdings LLC, C.A. No. 7668-VCN (Del. Ch. Jan. 18, 2013).
This opinion is noteworthy for purposes of reiterating the well-worn standard that will be applied to a motion seeking expedited discovery and an expedited hearing in connection with a preliminary injunction. The Court explained that:
“The burden
…
Delaware Court of Chancery Publishes Guidelines for Practitioners and Litigants
By Francis Pileggi on
Posted in Chancery Court Updates
The Court of Chancery hosted a seminar for practitioners on December 7, 2012 in Wilmington, in order to explain its recently promulgated Practice Guidelines as well as recent amendments to the rules governing confidentiality and electronic discovery. The materials discussed and distributed are “must reading” for both lawyers practicing in the Court and those out-of-state…
Chancery Defers to First-Filed Federal Complaint on Patent Issues
By Francis Pileggi on
Posted in Chancery Court Updates
Huawei Technologies Co. Ltd., v. Interdigital Technology Corporation, C.A. No. 6974-CS (Del. Ch. June 11, 2012)(Transcript ruling).
Issues Presented: (1) whether a motion to expedite should be granted, and (2) whether a motion to dismiss or stay should be granted based on the McWane first-filed doctrine.
Short Answer: Motion to expedite was…
Key Delaware Corporate and Commercial Decisions in First 4 Months of 2012
The following key Delaware corporate and commercial decisions from the first four months of 2012 are a follow-up to our summary of the key decisions that we featured from 2011. We highlight on these pages all the corporate and commercial opinions from Delaware’s Supreme Court and Court of Chancery, and we have chosen the…
Challenge to Advance Notice Bylaw Given Expedited Review
By Francis Pileggi on
Posted in Chancery Court Updates
Icahn Partners LP v. Amylin Pharmaceuticals, Inc., C.A. No. 7404-VCN (Del. Ch. Apr. 20, 2012).
Issue Addressed: Whether a challenge to an advanced notice bylaw should be given expedited treatment. That is, whether a colorable claim for interfering with the shareholder voting franchise and irreparable harm have been shown?
Short Answer: Yes. Tom Hals…