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23 Oct 2019, 3:34 am
In the end, a 12(b)(6) motion was inappropriate:Although the district courtshould consider extrinsic evidence, we do not preclude itsresolution of this issue on summary judgment if appropriate.Therefore, we vacate the order dismissing the complaint for failure to state a claim and remand for furtherproceedings. link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2400.Opinion.10-17-2019.pdf [read post]
22 Oct 2019, 1:53 pm
Following the Delaware Chancery Court’s January 2016 decision the Trulia case (discussed here), which evinced the Delaware court’s disdain for the type of disclosure-only settlement by which these merger objection suits were resolved, the plaintiffs lawyers began filing the merger objection lawsuits in federal court rather than in state court, and in recent years, began resolving the cases based on mootness fee settlements. [read post]
22 Oct 2019, 10:42 am
In most cases, the non-compete clause of an employment contract would need to specifically state that it could place a worker on garden leave after their employment was terminated, but after a recent employment lawsuit in Delaware, that might no longer be the case (at least in Delaware). [read post]
21 Oct 2019, 9:02 pm
States without a tax rank equally as 1. [read post]
21 Oct 2019, 12:14 am
Decided in 2005 by the Delaware U.S. [read post]
18 Oct 2019, 6:14 am
Chuff, Pepper Hamilton LLP, on Sunday, October 13, 2019 Tags: California, Choice of Law, Contracts, Covenants, Delaware cases, Delaware law, Forum selection, State law Observations on Clovis Oncology, Inc. [read post]
17 Oct 2019, 11:47 am
Yet, cases are not always between parties living in the same state. [read post]
17 Oct 2019, 9:49 am
The company also announced the opening of new dispensaries in Delaware and Florida. [read post]
17 Oct 2019, 7:00 am
New York Republican State Committee v. [read post]
16 Oct 2019, 1:40 pm
You know, we took a constitutional oath, and that is that no one is above the law, and that includes the president of the United States. [read post]
16 Oct 2019, 8:12 am
Delaware repealed its estate tax in 2018. [read post]
16 Oct 2019, 6:30 am
Everyone in Delaware owes him a debt of gratitude for what he did for our state, and our Judiciary’s hearts are with his wife and children, as they endure the loss of this special man. [read post]
16 Oct 2019, 3:30 am
__ (forthcoming 2020), available at SSRN.Will Moon, Delaware’s New Competition, __ Nw. [read post]
15 Oct 2019, 9:50 pm
Other states with similar laws include: Connecticut Delaware Florida Hawaii Illinois Louisiana Maryland Massachusetts Montana Nevada New Hampshire Oregon Pennsylvania, and Washington. [read post]
15 Oct 2019, 10:28 am
The tax, imposed at 9 cents per milliliter for larger “open tank” systems (which have more liquid but less nicotine per ounce) and 27 cents per milliliter for smaller “closed tank” vaping systems,” has higher rates than the other states which tax based on volume (Delaware, Kansas, Louisiana, New Jersey, North Carolina, and West Virginia), but is more competitive than the rates in the five states (plus the District of Columbia) which impose ad… [read post]
15 Oct 2019, 9:00 am
As reported earlier today on our Cannabis blog, the Delaware Secretary of State’s office is now threatening to prevent the formation of companies that it identifies as having the purpose of being involved in the cannabis industry. [read post]
15 Oct 2019, 7:19 am
Pennsylvania is currently in the very small minority of states which require physical presence, with Alaska, Delaware, and Texas. [read post]
15 Oct 2019, 6:07 am
The following day, Mother contacted the Delaware City Police Department about Faggs’ treatment of T.M. [read post]
14 Oct 2019, 3:17 pm
Judge Hamilton wrote that in seeking to enforce the final rule, the government failed to consider the impact the rule would have on local and state governments when immigrants chose to leave public health benefit program, “[DHS] made no attempt, whatsoever, to investigate the type or magnitude of harm that would flow from the reality which it admittedly recognized would result—fewer people would be vaccinated,” Washington’s Injunction Similarly in a separate but… [read post]
14 Oct 2019, 11:02 am
It is a certified document produced by the Delaware Secretary of State’s office. [read post]
