Litigation

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...

Dissolution of Corporation Request Denied
 Weir v. JMACK, Inc., (Del. Ch., Sept. 23, 2008), read opinion here. This Chancery Court decision denied a request for dissolution of a corporation and is another example of the factually intensive aspect of such a request and why it is not necessarily always predictable whether such a request will be granted  to appoint a receiver and dissolve a solvent corporation--even if co-owners of a company, for example, are "stuck in a loveless marriage" in a business context...

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...

Ryan II: Delaware Chancery Court Denies Interlocutory Appeal
Ryan II: Delaware Chancery Court Denies Interlocutory Appeal Last Friday, Vice Chancellor Noble of the Delaware Chancery Court issued a letter opinion in Ryan v. Lyondell, in which he denied the interlocutory appeal by the defendants - but did dismiss...

After Omnicare: Delaware Chancery Court Denies Injunction Against Target Merger Agreement
After Omnicare: Delaware Chancery Court Denies Injunction Against Target Merger Agreement From Cliff Neimeth of Greenberg Traurig: In its first published consideration of the issue since the Delaware Supreme Court's 2003 decision in Omnicare v...

Delaware Chancery Court Denies Preliminary Injunction Based on Inadequate Disclosure in Merger Proxy Regarding Financial Analyses (and Other Matters)
Delaware Chancery Court Denies Preliminary Injunction Based on Inadequate Disclosure in Merger Proxy Regarding Financial Analyses (and Other Matters) From Kevin Miller of Alston & Bird: In this decision by Vice Chancellor Lamb, the Delaware Chancery Court denied a motion...

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