A recent Delaware Court of Chancery decision is noteworthy for allowing an unusual procedural vehicle as a reply to counterclaims, as well as featuring an unusual initial retort to the counter-counterclaims, in the context of an intricate series of claims between and among parties involved in a dispute about the ouster an initial investor of
res judicata
Chancery Recognizes Right to Appoint Receiver of Solvent Corp.
By Francis Pileggi on
Posted in Court of Chancery Updates
Zutrau v. Jansing, C.A. No. 7457-VCP (Del. Ch. Mar. 18, 2013).
Issues addressed in this Court of Chancery opinion: (1) The right to have a receiver appointed for a solvent corporation based on allegations of fraud and breach of fiduciary duty of directors; (2) direct claim for breach of fiduciary duty in connection with…
Chancery Bars Claims Based on “Issue Preclusion” Doctrine
By Francis Pileggi on
Posted in Court of Chancery Updates
TR Investors, LLC v. Genger, C.A. No. 6697-CS (Del. Ch. Feb. 18, 2013).
Issue addressed: Whether the doctrine of “issue preclusion” prevented the relitigation of issues previously decided, and thus supported the grant of a motion for summary judgment. Short answer: Yes.
Short Overview
This 58-page opinion chronicles the long and tortuous…
Non-Signatory Shareholders Bound to Agreement; Court Cannot Waive Contractual Fee-Shifting Provision
By Francis Pileggi on
Posted in Court of Chancery Updates
Aveta, Inc. v. Bengoa, C.A. No. 5074-VCL (Del. Ch. Sept. 20, 2010), read opinion here.
The five prior decisions in this matter highlighted on this blog are available here.
Brief Overview
This is the sixth decision by the Court of Chancery in this case which involves a post-merger dispute that has a tortuous procedural…
Chancery Applies Res Judicata and Judicial Estoppel to Bar Claims
By Francis Pileggi on
Posted in Court of Chancery Updates
Banet v. Fonds de Regulation et de Controle Cafe Cacao, C.A. No. 3742-CC (Del. Ch. March 12, 2010), read letter decision here. Prior Chancery decisions involving this matter have been highlighted on this blog here. The parties have also been engaged in extensive litigation in the New York courts.
The latest iteration of this matter involves…
Chancery Stays Discovery Pending Motion for Judgment on the Pleadings
By Francis Pileggi on
Posted in Court of Chancery Updates
TravelCenters of America LLC v. Brog, (Del. Ch., Nov. 21, 2008), read opinion here. The Chancery Court issued two prior opinions in this case, one of which was especially noteworthy, and both were summarized here.
In this letter ruling, the court discussed the discretionary factors applied by the court in deciding whether to stay discovery pending…