I hope that my regular readers will excuse this short diversion of an "off topic" court decision. Very briefly, I want to note a recent en banc decision of the U.S. Court of Appeals for the Second Circuit that weighs in at 184 pages long, including 4 separate dissents. The dissent of Judge Calabresi [...]
In Levinhar v. MDG Medical, Inc., No. 4301-VCS (Del. Ch., Nov. 24, 2009), read opinion here, the Delaware Court of Chancery explains the expansive scope of claims allowable in a summary proceeding pursuant to Section 225 of the Delaware General Corporation Law (DGCL). Section 225 proceedings are summary in nature and are designed [...]
In Minna v. Energy Coal, S.p.A., et al., No. 267, 2009, (Del. Supr., Nov. 16, 2009), read opinion here, the Delaware Supreme Court upheld a default judgment in eight figures and monetary penalties in substantial six figures, imposed as retribution for multiple violations of several discovery orders and related pre-trial deadlines that were flouted [...]
Airborne Health, Inc. v. Squid Soap, LP, C.A. No. 4410-VCL (November 23, 2009), read opinion here . A prior decision of the Court in this case was highlighted here. This Chancery Court decision addresses the distinction between an anti-reliance clause and an integration clause in a contract. There is [...]
In Laborers Local 235 Benefit Funds v. Starent Networks, Corp., et al., C. A. No. 5002-CC (Del. Ch. Nov. 18, 2009), read letter decision here, the Court granted plaintiff’s motion to expedite this matter based on the stock based compensation expense disclosure claim.
Kevin Brady, a highly regarded Delaware litigator, provided the [...]
I am blogging from the ABA Business Law Section Fall Meeting in D.C. This post is the product of the notes taken at the following panel presentation:
Federalization of Corporation Law in a Time of Crisis - Which Institutions are Best Able to Improve Corporate Governance and Performance Going Forward. Presented by: [...]
City of Roseville Employees' Retirement System v. Horizon Lines, Inc., No. 08-969 (D.Del., Nov. 13, 2009), read opinion here.
The U.S. District Court for the District of Delaware dismissed a putative class action lawsuit alleging that Horizon Lines Inc. and its senior officers misled investors by attributing the Company’s earnings and financial' [...]
Lefkowitz v. HWF Holdings, LLC, No. 4381-VCP (Del. Ch. Nov. 13, 2009), read opinion here. This 30-page opinion is a helpful primer on the recurring topics of both procedural and substantive arbitrability. That is, it addresses when the applicability of an arbitration clause in an agreement can, or cannot, be decided in the first [...]
Amirsaleh v. NY Board of Trade. A short video clip of the trial in this case that is ongoing this week in the Delaware Court of Chancery is available here, courtesy of www.courtroomview.com Prior decisions of the Court of Chancery in this case highlighted on this blog are available [...]
Lola Cars Int'l Limited v. Krohn Racing, LLC, No. 3379-VCN (Del. Ch. Nov. 12, 2009), read 31-page letter decision here. This decision of the Delaware Court of Chancery is chock full of substantive Delaware LLC law that is of practical usefulness for business lawyers and litigators.
Key Issues Addressed
Dissolution requested' [...]Professor Steve Bainbridge writes here about the recent increase in the possibility (risk?) of greater federal encroachment into the governance of the internal affairs of corporations, expanding on the scholarship of Professor Mark Roe that we have previously highlighted here. As most readers of this blog know well, the law of the [...]
eBay Domestic Holdings, Inc. v. Newmark, et al., No. 3705-CC (Del. Ch. Nov. 9, 2009), read letter decision here. See summaries of multiple prior decisions by the Chancery Court in this case here.
In this short letter ruling, the Court of Chancery ruled on motions in limine regarding the admissibility of evidence to support [...]
The ABA Business Law Section's Fall Meeting at the Ritz-Carlton in Washington, D.C., on November 20, 2009, will feature a panel that includes the Chief Justice of the Delaware Supreme Court and the newest member of the Delaware Court of Chancery, who will discuss the following timely topic:
Federalization of Corporation Law in [...]
Reserves Development LLC v. Crystal Properties LLC, (Del. Supr., Nov. 4, 2009), read opinion here. Although this is an appeal from a Delaware Superior Court decision, prior decisions of the Delaware Supreme Court and Delaware Court of Chancery involving related aspects of this imbroglio, were highlighted on this blog [...]
Airborne Health Inc. v. Squid Soap, LP., No. 4410-VCL (Del. Ch., Oct. 28, 2009), read letter ruling here.
In this two-page letter decision, the Court of Chancery cited to several cases to support its position that whether or not to stay discovery is a discretionary matter for the Court, and reasoned that a potentially case-dispositive [...]
New Castle Shopping, LLC v. Penn Mart Discount Liquors, Ltd., et al., No. 4257-VCL (Del. Ch., Oct. 27, 2009), read letter decision here.
[This ruling is among the first written decisions from the newest member of the Court, within the same month of his investiture. Here is an interview on this blog with the Court's newest member.] A prior [...]
Jones v. Harris is a case that was argued at the U.S. Supreme Court yesterday and is the focus of much scholarly commentary by corporate law professors around the blogosphere. We previously blogged here and here about the background of the case, which deals, among other things, with a federal statute [...]
We have all encountered tough judges, but the one depicted in the below drawing may be tougher than most, regardless of one's views on the Second Amendment. Courtesy of Charles Fincher at www.lawcomix.com
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