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14 Jul 2021, 2:23 pm
The SEC also filed a related but separate complaint in the United States Disrict Court for the District of Columbia against Kokorich. [read post]
4 Jul 2021, 5:49 pm
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years. [read post]
1 Jul 2021, 2:26 pm
” Instead of actually embracing diversity, the plaintiffs allege, the Defendants “have instead misled Danaher’s shareholders and the public by making false and misleading assertions about the Company’s commitment to diversity and have acted inconsistent with their obligation to act in the best interests of Danaher and its shareholders. [read post]
30 Jun 2021, 3:19 pm
It provides: "[N]or shall private property be taken for public use, without just compensation. [read post]
29 Jun 2021, 1:20 pm
Barrett does have some good points criticisms of the majority's reliance on the states' supposed "consent" in 1787: The Court relies exclusively on the fact that Congress and the States, like the Colonies before them, have consistently authorized private parties to exercise the right of eminent domain to obtain property for mills, roads, and other public improvements… As the Court notes, Congress did so in the early days of the Republic only… [read post]
15 Jun 2021, 12:58 pm
The derivative plaintiff asserts claims for violations of Sections 10(b), 14(a), and 20(a) of the Exchange Act of 1934 and corresponding rules thereunder, as well as under Delaware state law for breach of fiduciary duty, waste of corporate assets, and unjust enrichment. [read post]
12 Jun 2021, 7:29 pm
It applies Section 327 of the Delaware General Corporation Law using the state supreme court’s ruling in 7547 Partners v. [read post]
11 Jun 2021, 4:00 am
Citing Trump’s ongoing comments, federal judges have shared fears that the defendants accused of the worst violence or threats of violence at the January 6 Capitol insurrection remain a danger to public safety and should remain in custody while they a [read post]
8 Jun 2021, 6:17 am
Moss, United States Senate, then at the Bureau of Consumer Protection, Federal Trade Commission. [read post]
8 Jun 2021, 6:17 am
Moss, United States Senate, then at the Bureau of Consumer Protection, Federal Trade Commission. [read post]
8 Jun 2021, 6:17 am
Moss, United States Senate, then at the Bureau of Consumer Protection, Federal Trade Commission. [read post]
7 Jun 2021, 10:30 am
" The Court noted, in particular, that "Plaintiff has not alleged the states where the individual defendants are citizens. [read post]
3 Jun 2021, 11:27 am
And finally, it handed policyholders a practical and valuable gift of universal application, holding that an insurer who wrongfully refuses to defend a claim cannot contest the reasonableness of the fees incurred by the policyholder to defend the case. [read post]
25 May 2021, 11:49 am
Magistrate Judge Corley granted the defendants’ motion with respect to the plaintiffs’ state law claims, holding that in light of the forum selection clause, the plaintiffs must bring their state law claims in the Delaware Chancery Court. [read post]
23 May 2021, 4:08 pm
In a 61-page filing in the Delaware Supreme Court, lawyers for the media company argued Dominion’s lawsuit “threatens to stifle” the media’s First Amendment right to tell the public about “newsworthy allegations of paramount public concern,” such as those mounted by Mr. [read post]
10 May 2021, 3:56 am
” In pertinent part Section 7.02(b) states: . . . except as otherwise approved by all Managers, other than FMC and its Subsidiaries, no Manager or Member may, directly or indirectly, (i) perform any services on behalf of any other special purpose acquisition company, other than Pacific Special Acquisition Corp. or related entities or (ii) invest in any other special purpose acquisition company or public shell company other than as a passive investor. [read post]
6 May 2021, 6:01 am
Plaintiff has not alleged the states where the individual defendants are citizens. [read post]
28 Apr 2021, 1:21 pm
The defendants argued that the forum selection clause in the Company’s Bylaws designates the Delaware Court of Chancery as the exclusive forum for the plaintiff’s claims. [read post]
26 Apr 2021, 12:52 pm
Delaware, 438 U.S. 154 (1978), a defendant is entitled to an evidentiary hearing where he shows that a warrant application contains intentionally false or recklessly misleading statements, and that the affidavit would not establish probable cause without the false statements. [read post]
13 Apr 2021, 1:57 pm
And since other states look to Delaware Courts for guidance with respect to business issues, that’s very important to those of us who represent policyholders in coverage litigation. [read post]
