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However, until passage of the amended Section 102(b)(7) this year, corporations could not do the same for its officers, even though the Delaware Supreme Court repeatedly affirmed that officers owe the same fiduciary duties as directors. [read post]
2 Nov 2022, 11:24 pm by Florian Mueller
Conti had until Halloween to file a petition for writ of certiorari with the Supreme Court of the United States, and I actually thought they would, given that they had been impervious to reason throughout that multi-year litigation that never went anywhere.Surprise, surprise: a partial cure has been found for Continental's procedural incontinence. [read post]
1 Nov 2022, 7:34 am by David Post
[Two sets of cases - one already before the Supreme Court, one about to be - will go a long way towards defining the role of social media companies] The Supreme Court now has before it three issues of profound importance for the future of Internet speech. [read post]
31 Oct 2022, 4:53 am by Franklin C. McRoberts
In Kao, Justice Chan resolved an executive / minority owner’s motion for court-ordered advancement and indemnification under a contract with Delaware choice-of-law and New York choice-of-venue provisions. [read post]
28 Oct 2022, 4:00 am by Jim Sedor
Supreme Court decided the 2000 presidential election and the trend reached a high in 2020, when the coronavirus pandemic prompted a host of new voting rules. [read post]
27 Oct 2022, 2:17 pm by Kevin LaCroix
A copy of Delaware Superior Court Judge Eric Davis’s October 20, 2022 opinion can be found here. [read post]
25 Oct 2022, 10:46 am by Bernard Bell
Bell, On the Waterfront: Was a Post on this Page the Genesis of an Original Action in the Supreme Court? [read post]
24 Oct 2022, 4:00 pm by James Romoser
Just this week, the Supreme Court ordered lower courts to take a fresh look at five convictions in light of the decision. [read post]
24 Oct 2022, 2:31 pm by Kevin LaCroix
The Court declined to dismiss the derivative suit and reiterated the Caremark standards and Marchand ruling by the Delaware Supreme Court. [read post]
24 Oct 2022, 10:16 am by jonathanturley
This weekend, I ran a column on President Joe Biden’s off-base boast that the Supreme Court and a lower court had declared that they are “on Biden’s side” on tuition forgiveness. [read post]
24 Oct 2022, 3:00 am by jonathanturley
He declared that “just yesterday, a state court and the Supreme Court said, ‘No, we’re on Biden’s side. [read post]
23 Oct 2022, 6:27 pm by Francis Pileggi
” She acknowledged as to the first step that although the substantial-issue requirement is met when a decision speaks to the merits of the case, in practice, the state supreme court has accepted appeals of non-merits-based questions that implicate significant issues under Delaware law. [read post]
21 Oct 2022, 4:00 am by Jim Sedor
They also point to the spouses of four justices on the Supreme Court whose work remains opaque yet may intersect with cases before the court. [read post]
21 Oct 2022, 12:15 am
  The Delaware Supreme Court has described the certificate of incorporation as "a contract among shareholders". [read post]
17 Oct 2022, 3:52 pm by Mark J. Levin
Supreme Court heard oral argument in a case raising the question of whether a California statute discriminates against interstate commerce by prohibiting the sale of pork products in California when the seller knows or should know that the meat came from the offspring of a breeding pig that was confined “in a cruel manner. [read post]
16 Oct 2022, 9:01 pm by Austin Sarat
”Long before Alabama ended judicial override the United States Supreme Court had said that the Sixth Amendment does not permit a defendant to be “expose[d] . . . to a penalty exceeding the maximum he would receive if punished according to the facts reflected in the jury verdict alone. [read post]
15 Oct 2022, 8:27 am
Such vagueness, moreover, has been particularly troubling given its “tension with the Supreme Court’s approach in the related minimum-contacts context. [read post]