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11 Nov 2011, 8:48 am by Francis Pileggi
In addition to Justice Jack Jacobs of the Delaware Supreme Court, each of the 5 members of the Court of Chancery are in attendance at this congregation in New York City today that brings together corporate litigation practitioners, academics and jurists of business courts around the country. [read post]
  In this case, the Delaware Supreme Court answered three certified questions from the United States Third Circuit Court of Appeals concerning the effect of a partner’s withdrawal from a Delaware limited liability partnership formed to prosecute a qui tam action. [read post]
24 Sep 2021, 7:51 pm by Francis Pileggi
In a seminal decision that has already been the subject of extensive scholarly commentary within the few days since its issuance, the Delaware Supreme Court overruled its 2006 decision in the Gentile case. [read post]
7 Jul 2015, 3:13 am by Broc Romanek
July 2, 2015), the Delaware Supreme Court affirmed a lower court ruling that refused to block a dissident stockholder’s director nominations from being considered at an annual meeting. [read post]
Sept. 20, 2021) Seeking to bring clarity to the issue of whether a claim is direct or derivative—a potentially outcome-determinative issue—the Delaware Supreme Court overturned its own precedent in Gentile v. [read post]
12 Mar 2021, 1:09 pm by Amanda Proctor
On March 3, 2021, the Supreme Court of Delaware issued a significant decision in the D&O coverage space, RSUI Indemnity Co. v. [read post]
Further, the Delaware Supreme Court found that the Court of Chancery properly used its discretion in awarding the attorneys’ fee as a percentage of the damages award. [read post]
25 Jan 2016, 2:27 pm by Leslie Spoltore
A matter recently decided by the Delaware Supreme Court addressed a petition seeking the issuance of a writ of mandamus, prohibition, or certiorari. [read post]
The Delaware Supreme Court reversed the Court of Chancery’s decision requiring two closed-end trusts (together, the “Trusts”) to count the votes of Saba Capital Master Fund, Ltd’s (“Saba”) slate of dissident nominees at the Trusts’ respective annual meetings. [read post]
This post is part of the Delaware law series, which is cosponsored by the Forum and Corporation Service Company; links to other posts in the series are available here The Delaware Supreme Court upheld a Chancery Court determination that a board did not commit waste by consciously deciding to pay bonuses that were non-deductible under Section 162(m) of the Internal Revenue Code (Freedman v. [read post]
The Delaware Supreme Court affirmed the Court of Chancery’s dismissal of an alleged direct claim for dilution of the voting and economic interests of plaintiff stockholders because they failed to adequately plead that several venture capital firms constituted a “control group. [read post]
11 Feb 2011, 9:13 am by Francis G.X. Pileggi
Justice Henry duPont Ridgely of the Delaware Supreme Court has published an essay on the procedure that courts around the country may follow to present issues of Delaware law to Delaware's High Court. [read post]
19 Dec 2017, 7:09 am
Last week, the Delaware Supreme Court issued another highly anticipated appraisal decision, Dell, Inc. v. [read post]
13 Sep 2018, 6:00 am by Meghan A. Adams
N17C-03-054 TAL (September 10, 2018) This is an important decision that applies recent United States Supreme Court jurisdiction cases to a non-resident’s Delaware complaint. [read post]
7 Apr 2017, 6:10 am
Energy Transfer Equity, L.P., et al., the Delaware Supreme Court affirmed the Court of Chancery’s decision permitting termination of a merger agreement by the acquirer based on the failure of the acquirer to obtain a tax opinion from its counsel, the receipt of which was a condition precedent to the closing of the merger. [read post]