(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Delaware Business Litigation Report 
Provides business-related litigation information which has been summarized by attorneys currently practicing in Delaware's courts. Searchable Case Summary Database contains summaries of court opinions released since January 2005. Provides links to other resources such as the Delaware Code and administrative rules.
Post Frequency: 5/day Last Entry: March 29, 2011 at 12:53:19 Recent Entries: 436
By Morris James LLP
Go to Delaware Business Litigation Report, find other Litigation blogs, or browse all law blogs.
18 Morris James Attorneys Selected by their Peers for Inclusion in The Best Lawyers in America® 2011
Posted on August 04, 201018 Morris James attorneys in 13 practice areas were recently selected by their peers for inclusion in The Best Lawyers in America® 2011. New to the list are Mark D. Olson and Bruce W. Tigani from the firm's Tax, Estates and Business practice...
Court Of Chancery Clarifies Right To Advancement By A Plaintiff
Posted on July 30, 2010Baker v. Impact Holding Inc., C.A. 5144-VCP (July 30, 2010) When may a former director obtain advancement of his attorney fees when he files suit? A series of past decisions held that a counterclaim plaintiff may, in the right circumstances, obtain advancement for prosecuting his counterclaim and other decisions have upheld advancement for a plaintiff under a bylaw or other right that was broadly drafted to require such advancement...
Court Of Chancery Discusses Role Of Bankruptcy Appointee
Posted on July 26, 2010Shandler v. DLJ Merchant Banking Inc., C.A. 4797-VCS (July 26, 2010) This decision is interesting for its discussion of the role of an appointee of the bankruptcy court and the pursuit of post-bankruptcy derivative claims.
Court Of Chancery Upholds Discretion Not To Invest
Posted on July 23, 2010Related Westpac LLC v. JER Snowmass LLC, C.A. 5001-VCS (July 23, 2010) For some reason probably rooted in human nature, parties to LLC agreements seem to think the agreement should provide that all the parties act "fairly" toward one another...
Court Of Chancery Upholds Insurance Claims Arising Out Of Madoff Scandal
Posted on July 23, 2010Massachusetts Mutual Life Insurance Company v Certain Underwriters At Lloyds , C.A. 4791-VCL (July 23, 2010) This decision holds that insurance in the form of an indemnity bond or a D&O policy may cover losses suffered as a result of the Madoff fraud...
Court Of Chancery Upholds Notice Requirement In Stockholder Agreement
Posted on July 23, 2010TR Investors LLC v. Genger, C.A. 3994-VCS (July 23, 2010) Stockholder agreements frequently provide that notice must be given before any stock subject to the agreement may be transferred. Usually, the notice triggers a right to buy. Here the Court, as expected, held that the failure to give the notice does not end the other party's right to buy, but the stock and informal notice is not good enough to comply with the formality required by the agreement.
Court Of Chancery Holds Directors Subject to Contribution Claims
Posted on July 12, 2010Hampshire Group Limited v. Kuttner, C.A. 3607-VCS (July 12, 2010) This decision holds that the Unifrom Contribution Among Joint Tortfeasors Act applies to claims against directors. While at least 1 other court agreed with this point, this is the first Delaware decision on this issue...
Court Of Chancery Explains Delaware Freeze Out Law
Posted on July 05, 2010In Re CNX Corporation Shareholders Litigation, C.A. 5377-VCL (July 5, 2010) Perhaps no area of Delaware corporate law is as confusing as that applicable when a company is taken private by a majority owner in a freeze out of the other shareholders. This scholarly opinion explains that at least 3 different standards of review have been applied by the Court of Chancery in its review of such transactions...
Court Of Chancery Awards Large Fee
Posted on June 23, 2010Berger v Pubco Corp. ,C.A. 3414-CC (June 23, 2010) This decision awards 26% of a large recovery to the prevailing attorneys. If you are successful, then you will be well rewarded, just as it should be.
Court Of Chancery Enforces Settlement As Written
Posted on June 17, 2010Cambridge North Point LLC v. Boston & Maine Corporation, C.A. 3461-VCS (June 17, 2010) This is another example of the Court of Chancery enforcing the contract the parties wrote despite one party's second thoughts. Saying that you did not read it does not help either.
Chambers USA Names 10 Morris James Partners In Their 2010 Guide to Leading Business Lawyers
Posted on June 16, 2010Morris James LLP is pleased to announce that ten of its partners have been ranked among the leading Delaware lawyers in the 2010 edition of Chambers USA: America's Leading Lawyers for Business - an increase of two rankings from last year. In addition, four practice areas including Bankruptcy/Restructuring, Chancery, Intellectual Property and Employment Law were identified among the leading practices in Delaware...
Peter B. Ladig Joins Morris James LLP as a Partner in the Corporate and Fiduciary Litigation Group
Posted on June 07, 2010Morris James LLP is pleased to announce Peter B. Ladig has joined the firm as of June 1, 2010. The majority of Mr. Ladig's practice is in the Delaware Court of Chancery, although he has extensive experience in the other state and federal courts in Delaware and has been involved in over 50 published decisions...
Court Of Chancery Sets Pleading Rule For Self Dealing Claim
Posted on June 07, 2010Monroe County Employees' Retirement System v. Carlson, C.A. 4587-CC (June 7, 2010) Because "self dealing" sounds so bad, sometimes a plaintiff thinks that all she needs to do is say those words in a complaint to state a claim. Not so...
Court Of Chancery Again Dismisses Late Books And Records Case
Posted on June 03, 2010Baca v. Insight Enterprises. Inc., C.A. 5105-VCL (June 3, 2010) Just as it did last month in the King case, the Court of Chancery has again dismissed a complaint for inspection of a company's books and records when that complaint was filed after a derivative suit was filed and is an effort to find a a basis to sustain the derivative case.
Court Of Chancery Sanctions Discovery Abuse
Posted on June 03, 2010Monier Inc. v. Boral Lifetile, Inc., C.A. 3117-VCN (June 3, 2010) When there is a failure to produce a relevant document in discovery, the Court must decide what sanction to impose. Here the Court declined to dismiss a case but awarded fees for the discoverey failure of a party...
Court Of Chancery Applies Delaware Law To Privilege Dispute
Posted on May 31, 20103Com Corporation v. Diamond II Holdings Inc., C.A. 3933-VCN ( May 31, 2010) Delaware law governs privilege disputes in most cases in Delaware courts before it involves Delaware business disputes. This is an important point as Delaware law is more liberal than some states' law in upholding claims of privileged communication.
Court Of Chancery Explains Damage Calculations
Posted on May 28, 2010Gentile v. Rossette, C.A. 20213-VCN (May 28, 2010) The calculation of damages for the wrongful conversion of convertible stock is not easy. This decision explains how.
Court Of Chancery Explains Duties Owed To Preferred Stockholders
Posted on May 28, 2010Fletcher International LTD v. ION Geophysical Corp., C.A. 5109-VCP (May 28, 2010) Preferred stockholders like to claim, in addition to the rights they have to be "preferred" under the certificate of incorporation, that they also have the right to enforce fiduciary duties to them by the board...
Super Lawyers® Names 7 Morris James Partners As Top Legal Counsel in Delaware
Posted on May 27, 2010Super Lawyers® magazine has named 7 Morris James partners as top legal counsel in Delaware. The multiphase selection process is handled by Law & Politics who evaluates each candidate on 12 indicators of peer recognition and professional achievement...
Court of Chancery Explains Tender Offer/ Merger Review Standard
Posted on May 25, 2010In Re CNX Gas Corporation Shareholders Litigation, C.A. 5377-VCL (May 25, 2010) This is an important decision explaining the standard of review that the Court will apply in various circumstances involving a tender offer by a majority stockholder that is to be followed by a cash out merger...
Court Of Chancery Upholds Right To Member List
Posted on May 24, 2010Brown Investment Management L.P. v. Parkcentral Global L.P., C.A. 5248-VCL (May 24, 2010) A member of a LLC or LP has the right to a list of its members even after it has gone bust.
Court Of Chancery Upholds Arbitration Of Statutory Remedy
Posted on May 21, 2010Aris Multi-Strategy Fund L.P v. Southridge Partners LP, C.A. 5422-CC (May 21, 2010) It is sometimes believed that remedies such as the right to inspect a company's records are not subject to an arbitration clause. Wrong. This decisions upholds arbitration of such claims in a variety of contexts.
Supreme Court Hints How To Avoid Losing Standing After A Merger
Posted on May 21, 2010Arkansas Teacher Retirement System v. Caiafa, C.A. 530, 2009 (May 21, 2010) This is the odd case whose dicta may be more important than we now appreciate. It has long been Delaware law that a plainitff loses standing to pursue a derivative case when he is ceases to be a stockholder after a merger...
Court Of Chancery Explains How To Interpret Indenture
Posted on May 14, 2010Concord Real Estate CDO 2006-1 Ltd v. Bank of America N.A., C.A. 5219-VCL (May 14, 2010) This is an intesting case even though it deals with how to interpret a complicated indenture. As the Court explains, it will look to the commentary to the Model Debenture Indenture for guidance...
Court Of Chancery Enjoins Termination Of Supply Contract
Posted on May 14, 2010Arkema v The Dow Chemical Company, C.A. 5479-VCP ( May 14, 2010) When the economy is in stress, contracts to supply materials at a fixed price seem to be broken more often. This decision explains what you have to show to get a TRO against the breaking of such a contract by the supplier...
Court Of Chancery Enjoins Merger For Disclosure Violations
Posted on May 13, 2010Maric Capital Master Fund, Ltd v. Plato Learning Inc., C.A. 5402-VCS (May 13, 2010) It is important to note what sort of disclosure violations will casue an injunction to issue. This decision provides guidance on that issue by enjoining a merger until there are corrective disclosures over the discount rate used by the investment banker to give a fariness opinion, the projections of future income and the retention of management.
Court Of Chancery Limits Books And Records In Derivative Litiagtion
Posted on May 12, 2010King v. Verifone Holdings Inc. , C.A. 5047-VCS (May 12, 2010) This is another important decision in the Court of Chancery's continuing effort to curb what it sees as abuses in derivative litigation. Here the Court ruled that a plaintiff may not file a books and records case to obtain discovery after it filled a derivaive suit...
Court Of Chancery Explains Valuation Principles
Posted on May 10, 2010Berger v. Pubco Corp., C.A. 3414-CC (May 10, 2010) This decisions explains 2 points of appraisal law. First, when the discounted cash flow approach is used to value a company, no control premium is added to the result. That sort of premium is only used when the valuation is based on comparable market prices of "comps" that reflect the minority discount inherent in the price of a small block of stock...
Court Of Chancery Explains Standard Of Review For Tender Offer
Posted on May 06, 2010In Re Cox Radio Shareholders Litigation, C.A. 4461-VCP ( May 6, 2010) The standard of review that a court applies to a transaction may determine the outcome of the litigation in a close case. Here the Court explains that entire fairness does not govern the review of a noncoercive tender offer by a controlling shareholder...
Court Of Chancery Upholds Derivative Suit By Preferred Stockholder
Posted on May 05, 2010MCG Capital Corporation v. Maginn, C.A. 4521-CC (May 5, 2010) This decision addresses the prevously unanswered question of whether preferred stockholders may bring a derivative suit. They can. While to some this may seem obvious, the answer was by no means all that certain...
Previous | Next
Report Offers Motor Vehicle Accident Death Rates in Frederick County, Maryland Between 2001 and 2006
A recent analysis by the Frederick News-Post of deadly accidents i...
Insurance Department Issues Second Annual Ohio Medical Liability Closed Claim Report
COLUMBUS — The Ohio Department of Insurance has issued its secon...
UNICEF report on Gender Equality and Children
According to a report from UNICEF, despite the international commu...
Report on Opening Records for Adult Adoptees
"FOR THE RECORDS: RESTORING A RIGHT TO ADULT ADOPTEES Author: Made...
Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07)
The following is the latest update from AILF regarding its pening ...
Mesothelioma Law Suit
Asbestos Exposure
Mitchell Report Summary
Report on Steroid Drug Use in Major League Baseball by Senator George Mitchell
Truth In Lending Act
Consumer Loans and Consumer Credit Protection Act
Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How can i sue for a straw purchase?
Anyone can co-sign. A straw purchase would be if you has someone buy the car for...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
How to tell if I have been subject to gender discrimination in hiring practices?
You didn't apply for the job. so that's a tough one. Seemingly your Bo...
Is it legal for a company to overwork their employees?
Well, he could 1. Get a new job. Sister, I understand ya, if he's anything ...
#1 Online Legal Resource
On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How can i sue for a straw purchase?
Anyone can co-sign. A straw purchase would be if you has someone buy the car for...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
How to tell if I have been subject to gender discrimination in hiring practices?
You didn't apply for the job. so that's a tough one. Seemingly your Bo...
Is it legal for a company to overwork their employees?
Well, he could 1. Get a new job. Sister, I understand ya, if he's anything ...
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| GoDaddy Hosting
All original material � 1999-2011 by USLaw.com. |