Litigation

Chancery Rejects Request to Appoint Receiver of Dissolved Corp. Pursuant to DGCL Section 279
In the Matter of Dow Chem. Int'l Inc. of Delaware, 2008 Del. Ch. LEXIS 147 (Oct. 14, 2008). The Chancery Court in this opinion rejected a request to appoint a receiver for a dissolved corporation pursuant to  Section 279, primarily in light of the company having been dissolved 20 years ago and not having any assets...

Chancery Denies Reargument on Decision Rejecting Request for Receiver
In re Dow Chem. Int'l, 2008 Del. Ch. LEXIS 169 (Nov. 18, 2008), read opinion here.  In this case, the Delaware Chancery Court rejected a motion for reargument of a prior decision, summarized here, that had rejected a request for the appointment of a receiver for a dissolved corporation--that had been dissolved for many years...

Three year statute of limitations for claims against dissolved LLCs begins to run on date of administrative dissolution
The Court of Appeals ruled this week that the three statute of limitations for claims against LLCs that have been administratively dissolved begins to run on the date the LLC is administratively dissolved...

Chancery Rejects Extension of Deadline for Claims v. Dissolved Corporation's Shareholder
In Virgin Islands v. Goldman, Sachs & Co., 2007 WL 4480823 (Del. Ch., Dec. 20, 2007), read opinion here,  the Chancery Court, in this epic decision of over 100 pages in its original format, recounts a generation-long procedural history in connection with a textbook-length discussion of the public policy considerations related to the time period within which one must, or should, bring a claim against a dissolved corporation or its shareholders and directors...

Chancery Dissolves LLC Based on Section 18-802 "Reasonably Practicable" Standard
In Fisk Ventures LLC v. Segal, (Del. Ch., Jan. 13, 2009), read opinion here, (hat tip: Delaware Business Litigation Report), the Delaware Chancery Court dissolved an LLC based on the standard in Section 18-802 of the Delaware LLC Act, that it was not  "reasonably practicable" to carry on the business of the LLC...

CA1: unpublished opinion pretending to discuss Fed. R. Crim. P. 41(g) statute of limitations
Santiago-Lugo v. US, No. 08-1462 (unpublished) summarily affirms a District Court?s ?dismissal of his claim pursuant to Fed. R. Crim. P. 41(g) for the return of [seized, but not forfeited] property as barred by the statute of limitations...

Full Ninth Circuit Court of Appeals Affirms Lower Court's Holding in Garcia v. Brockway
In a case that is being closely watched in the multi-family housing industry, the Ninth Circuit Court of Appeals this week released its opinion affirming the lower court's holding that the 2-year statute of limitations for a private civil action alleging violation of the Fair Housing Act's accessibility requirements for design and construction is triggered, i...

Chancery Court eFiling Requirements
Here is an Administrative Directive from the Chancery Court that relates to eFiling procedures. It is not a new order but it bears reference for those who file anything in the Court of Chancery (which now requires eFiling for virtually everything submitted to the court...

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