Noteworthy 2011 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery.
By: Francis G.X. Pileggi and Kevin F. Brady.
Introduction
This is the seventh year that we are providing an annual review of key Delaware corporate and commercial decisions. During 2011, we reviewed and summarized approximately 200 decisions from Delaware’s Supreme Court
In Connecticut General Life Insurance Company v. Pinkas, C.A. No. 5724-VCN (Oct. 28, 2011), the Court of Chancery granted a motion to dismiss filed by an individual third-party defendant and an entity he controlled for lack of personal jurisdiction. Read opinion here.
This summary was prepared by Kevin F. Brady of Connolly Bove
Dubroff v. Wren Holdings, LLC, C.A. No. 3940-VCN (Del. Ch. Oct. 28, 2011), read 45-page opinion here. See prior Chancery decisions in this case highlighted on these pages here and here.
Issues Addressed
The issues addressed in this gem of an opinion include: (i) whether and when a minority shareholder’s claim for breach
Weygandt v. Weco, LLC, Del. Ch., No. 4056-VCS (May 14, 2009), read opinion here
Issue Presented
The question in this case is whether a non-signatory defendant can be required to appear in a forum chosen in an agreement executed by an affiliate.
In this Chancery Court decision, the court determined that a party was
Mobile Diagnostic Group Holdings, LLC v. Suer, Del. Ch., No. 4298-CC (March 24, 2009), read opinion here.
Kevin Brady, a highly respected Delaware litigator, provides us with the following review of this decision.
Chancellor Chandler dismissed this action seeking to enforce the terms of non-competition covenants that defendant Suer allegedly agreed to in connection with the
In EBG Holdings LLC v. Vredezicht’s Gravenhage 109 B.V., et al., 2008 WL 4057745, (Del. Ch., Sept. 2, 2008), the Delaware Chancery Court analyzes a cornucopia of personal jurisdiction issues involving out-of-state defendants. (Yes, that is the correct spelling of the unusual case name.) The original format of the slip opinion is in the 60-page
Sprint Nextel Corp. v. iPCS, Inc., 2008 WL 2737409 (Del. Ch., July 14, 2008), read opinion here.
The issue addressed in this Chancery Court case (which was the subject of three prior opinions and a ten day trial on related issues), was presented on a motion to dismiss for lack of personal jurisdiction