A recent Delaware Court of Chancery decision explained why a lack of candor resulted in discovery abuses that justified fee-shifting. In Legent Group, LLC v. Axos Financial, Inc., C.A. No. 2020-0405-KSJ (Del. Ch. Nov. 7, 2025), the court explained the factual basis for its findings that the lack of candor created unnecessary expenses, requiring
"rule 11"
16th Annual Review of Key Delaware Corporate and Commercial Decisions
16th Annual Review of Key Delaware Corporate and Commercial Decisions
By: Francis G.X. Pileggi and Chauna A. Abner
This is the 16th year that Francis Pileggi has published an annual list of key corporate and commercial decisions of the Delaware Supreme Court and the Delaware Court of Chancery. This list does not attempt to include…
Delaware Court of Chancery Provides Rule 11 Insights
By Francis Pileggi on
Posted in Court of Chancery Updates
There are relatively few Chancery decisions on Rule 11 compared with more common corporate and commercial litigation issues that are the subject of Chancery opinions, and a recent letter decision provides insights into why there are not more rulings on Rule 11. In POSCO Energy Co., Ltd. v. FuelCell Energy, Inc., Civil Action No.…
Delaware Supreme Court on Rule 11 Violations
By Francis Pileggi on
In my most recent ethics column for The Bencher, I reviewed a recent Delaware Supreme Court decision that announced a new standard that will be followed in Delaware when a trial judge believes that Rule 11, or a rule of legal ethics, has been violated. The article is available at this link. In…
Delaware Supreme Court Clarifies Standards for Enforcement of Legal Ethics and Attorney Conduct
By Francis Pileggi on
Posted in Delaware Supreme Court Updates
Crumplar v. The Superior Court of the State of Delaware, No. 643 & 644, 2011 (Del. Supr., Oct. 22, 2012).
Why this case is noteworthy: This Delaware Supreme Court opinion establishes new rules and standards that will govern when trial judges seek to penalize lawyers for “not following the rules” of legal ethics …
Rule 11 Penalties Imposed
By Francis Pileggi on
Posted in Other Court Decisions
There are relatively few Delaware decisions interpreting Rule 11. A recent decision of the Delaware Superior Court added to the sparse Delaware jurisprudence on this issue and observed that Court of Chancery Rule 11 is identical to Superior Court Rule of Civil Procedure 11. In Re Asbestos Litigation, C.A. No. 09C-11-059 ASB; C.A. No. 09C-07-128…