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7 Aug 2012, 1:13 pm by Edward M. McNally
Morgan Stanley Mortgage Capital Holdings LLC, C.A. 5140-CS (August 7, 2012) When a complaint is amended, the issue sometimes arises whether any new claims relate back to the original filing date so as to avoid the expiration of the statute of limitations. [read post]
6 Apr 2011, 8:41 am by Edward M. McNally
., C.A. 10C-07-103-JRJ CCLD (April 6, 2011) The new Complex Civil Litigation Division of the Delaware Superior Court has attracted over 40 new cases because of its special  treatment of business disputes. [read post]
6 Jun 2011, 11:30 am by Edward M. McNally
Litigation, C.A. 14634-VCN (June 3, 2011, revised June 6, 2011) In this case the limited partnership agreement had a detailed method for dissolving the entity and paying the proceeds to the limited partners, including how to set the sale price if its assets were sold to a related party. [read post]
1 Oct 2012, 4:38 pm by Edward M. McNally
Michael,  C.A. 7164-VCP (September 28, 2012, revised October 1, 2012) Everyone agrees that a director should speak up even if he disagrees with the rest of the board of directors. [read post]
8 Jul 2011, 9:14 am by Edward M. McNally
Eurohypo Capital Funding LLC I,   C.A. 5881-VCP (July 8, 2011) When will Delaware law apply to a dispute is often not an easy question to resolve. [read post]
13 Jan 2012, 9:52 am by Edward M. McNally
Brookfield Real Estate Financial Partners LLC,  C.A. 7161-VCP (January 13, 2012) This decision is an example of the growing Court of Chancery litigation over enforcement of loan agreements. [read post]
5 Oct 2012, 11:40 am by Edward M. McNally
Lennar Corporation, C.A. 7314-VCG (October 5, 2012) To inspect corporate records to see if there has been "wrongdoing,"  a stockholder has to have a basis to suspect that wrongdoing has occurred. [read post]
27 Mar 2012, 10:07 am by Edward M. McNally
C.A. 531, 2011 (March 27, 2012) When a post-closing adjustment is due after a merger is sometimes disputed, particularly when it depends on the closing of another deal. [read post]