Litigation

Chancery Interprets Anti-SLAPP Statute

By Francis G. X. Pileggi, Esq.

In Nichols v. Lewis, 2008 WL 2253192 (Del Ch., May  29, 2008), read opinion here, the Chancery Court addressed the following issues in this opinion involving a developer who bought a farm but encountered unexpected troubles regarding the seller's duty to cooperate in post-closing matters:

1) Delaware's version of the Anti-SLAPP statute (typically relating to suits by developers against local residents who oppose a particular development), and its permissive attorneys' fee-shifting provision;

2) "Apparent authority" and agency law in connection with family relationships;

3) Motion to Dismiss standards in light of "notice pleading" rules, along with the opportunity for amendments to the complaint; and

4) Enforcement of  "cooperation clauses" and "affiliates clauses" in agreements.

Full post as published by Delaware Corporate and Commercial Litigation Blog on June 10, 2008 (boomark / email).