Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
Buerger v. Apfel, C.A. No. 6539-VCL (Del. Ch. March 15, 2012).
Issue Presented
Whether equitable tolling could save claims that would otherwise be barred by the applicable statute of limitations or latches, which defendants argued should block any challenge to certain stock options and other related-party transactions.
Background
The disputed transactions involve a company…
Halpern Medical Services, LLC v. Greary, Del. Ch., C.A. No. 6679-VCN (Feb. 17, 2012).
Issues Addressed
This case serves as a refresher on several issues that are frequently argued before the Court of Chancery: (1) the arbitrability of a claim under a contractual arbitration clause; (2) waiver of the right to invoke arbitration; and…
Whittington v. Dragon Group L.L.C., No. 2291-VCP (Feb. 15, 2010), read opinion here.
Previous decisions of the Delaware courts in the long line of cases involving this internecine warfare among family members fighting over their interests in various business entities, have been summarized on this blog and can be found here.
This latest iteration by the…
Dubroff, et al. v. Wren Holdings, LLC, et al., Del. Ch., No. 3940-VCN (May 22, 2009), read opinion here.
Kevin Brady, a highly-respected Delaware litigator, provides us with the benefit of his following review of this Delaware Chancery Court decision.
On May 22, 2009, Vice Chancellor Noble granted in part and denied in part defendants’ motion…
In General Video Corp. v. Kertesz, et al., 2008 Del Ch. LEXIS 181 (Dec. 17, 2008), read opinion here, the Delaware Chancery Court addresses in a 76-page decision, issues of practical importance to anyone interested in the sundry dilemmas that always arise in connection with the "break-up" of a closely-held business. As commonly happens, one of the "partners" of…
In Medek v. Medek, 2008 WL 4261017 (Del. Ch., Sept. 10, 2008), the Delaware Chancery Court described in great detail the limited scope of its subject matter jurisdiction, based in the distinction between the courts of equity as they were separated in "merry old England" compared to what were described as the "law courts". Still…