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13 Aug 2012, 3:00 am by Peter A. Mahler
" As it often does in the field of business law, the court looked to Delaware law for guidance, and found it in a 2004 decision by the Delaware Supreme Court in Tooley v. [read post]
22 Dec 2010, 2:36 pm
 With regard to the arbitration issue, applying Delaware law, the court stated:In Tooley v. [read post]
27 Dec 2006, 4:14 pm
Here is a link to the United States Court of Appeals for the Federal Circuit 23-page opinion in the case of Eli Lilly v. [read post]
3 Jan 2022, 12:58 am by Peter Mahler
As stated by the Appellate Division, First Department in Yudell v Gilbert, borrowing from the Delaware Supreme Court’s Tooley formulation, the determination depends on “(1) who suffered the alleged harm (the corporation or the stockholders); and (2) who would receive the benefit of any recovery or other remedy (the corporation or the stockholders individually). [read post]
26 May 2016, 6:51 am by Carl Neff
” As such, Delaware case law on the direct-or-derivative issue, under the two-prong test of Tooley v. [read post]
15 Feb 2023, 8:33 am by Alexandra L. Arko
Nevertheless, laws differ from state to state and revenge porn continues to be a new phenomenon in the context of the existing legal landscape. [read post]
15 Feb 2023, 8:33 am by Alexandra L. Arko
Nevertheless, laws differ from state to state and revenge porn continues to be a new phenomenon in the context of the existing legal landscape. [read post]
25 Sep 2023, 3:50 am by Peter J. Sluka
 But the Tooley test—the standard, under both Delaware and New York law to determine whether a claim is direct or derivative—is a good one. [read post]
20 Jun 2022, 4:41 am by Peter Mahler
Weidner (pictured left), Dean Emeritus and Alumni Centennial Professor at Florida State University College of Law, and Daniel S. [read post]