Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
A recent decision from the Delaware Court of Chancery is a gem of a pithy ruling that is chock-full of practical principles. The elements of a claim for fraud, which is the same in Delaware as fraudulent inducement, may be basic, but this letter ruling provides a useful restatement of the law.
In iSense, LLC …
Andrew Ralli of the Delaware office of Lewis Brisbois prepared this post.
The Court of Chancery recently granted a motion to strike portions of a complaint derived from privileged or confidential board-level communications in Icahn Partners LP, et al. v. Francis deSouza, et al., C.A. No. 2023-1045-PAF (Del. Ch. Jan. 16, 2024).
Background
Illumina…
Bear Stearns Mortgage Funding Trust 2007 –AR2 v. EMC Mortgage LLC, C.A. No. 6861-CS (Del. Ch. Jan. 17, 2013).
Why This Case is Noteworthy
This case deals with a rather unusual motion under Rule 12(f) to strike portions of a complaint that are alleged to be: “Immaterial, impertinent, and scandalous.” These motions are rarely…