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Delaware Corporate & Commercial Litigation Blog

Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery

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Chancery Recognizes Right to Appoint Receiver of Solvent Corp.

By Francis Pileggi on March 25, 2013
Posted in Chancery Court 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 February 19, 2013
Posted in Chancery Court 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 September 26, 2010
Posted in Chancery Court 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 March 4, 2010
Posted in Chancery Court 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 December 10, 2008
Posted in Chancery Court 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…

About Francis

Francis practices primarily in the areas of corporate and commercial litigation. His practice includes representation in high-stakes disputes for a wide range of clients in many industries
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