A recent Chancery decision deserves a place in the toolbox of corporate litigators for its nuanced approach that highlights the difference in criteria between a Motion to Expedite Proceedings and the similar but materially different standard applied to a Motion for a TRO. In the matter styled The New York City Employees’ Retirement System v.
"motion to expedite"
Motion to Expedite Denied
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent decision by the Delaware Court of Chancery provides a handy reminder of the standards the court applies to determine when it will grant a motion to expedite. In Silverberg v. Munshi, C.A. No. 2022-0018-PAF (Del. Ch. Jan. 10, 2022), the court explained that:
Although our court is well known for being responsive to
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Chancery Dismisses Contract Case for Lack of Equitable Jurisdiction
By Francis Pileggi on
Posted in Court of Chancery Updates
Charlotte Broadcasting v. Davis Broadcasting of Atlanta, C.A. No. 7793-VCG (Del. Ch. April 2, 2013).
What this case is about: This opinion dismissed a breach of contract claim due to a finding that the claims did not provide a basis for equitable jurisdiction in the Court of Chancery.
Very Short Overview
This short opinion…
Chancery Denies Motion to Expedite
By Francis Pileggi on
Posted in Court of Chancery 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.…
Court Denies Motion to Expedite Case Based on Comity
By Francis Pileggi on
Posted in Court of Chancery Updates
In an unusual case for the Delaware Court of Chancery, in TA Instruments-Waters, LLC, v. Univ. of Conn., C. A. No. 6985-VCL (Nov. 8, 2011), the Court denied the motion of plaintiff TA Instruments-Waters, LLC (“TA”) for an expedited hearing on an application for a preliminary injunction that would block the University of Connecticut from…
Court of Chancery Denies Motion to Expedite Claim for Breach of Implied Covenant of Good Faith and Fair Dealing; Plaintiff Failed to Plead Colorable Claims for Breach of Fiduciary Duty
By Francis Pileggi on
Posted in Court of Chancery Updates
The Court of Chancery denied a motion to expedite an application to preliminarily enjoin the merger of the limited partnership in Lonergan v. EPE Holdings LLC, C.A. No. 5856-VCL (Del. Ch. Oct. 11, 2010), read opinion here, where the plaintiff failed to plead colorable claims of breach of fiduciary duty and the Court refused …