Search for: "Supreme Court of the State of Delaware"
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27 Aug 2018, 6:00 am
He primarily represents members and managers of LLCs, officers and directors of corporations, and companies in high-stakes litigation in the Delaware Court of Chancery, Delaware Superior Court, Delaware Supreme Court, and United States District Court for the District of Delaware. [read post]
9 Jul 2018, 2:31 pm
Supreme Court seat vacated by the retirement announcement of Justice Anthony M. [read post]
17 Jun 2020, 6:17 am
Supreme Court granted certiorari in Henry Schein, Inc. v. [read post]
Del. high court says undisclosed post-merger role made Tower CEO self-interested, board ill informed
12 Jul 2020, 5:40 pm
A Delaware Supreme Court majority recently revived a shareholder suit that claimed Towers Watson & Co. [read post]
5 Feb 2010, 10:51 am
There are significant conflicts of interest among the Delaware Court of Chancery, the Delaware Supreme Court, the Delaware litigation defendant’s bar, the Delaware litigation plaintiff’s bar, the Delaware deal advisory bar, the out of state (particularly NY) deal advisory bar, the Delaware Committee on Corporate Laws, the Delaware Legislature, the Delaware Governor’s office,… [read post]
17 Jan 2024, 2:25 pm
Oklahoma is expected to appeal to the United States Supreme Court.[4] Whether or not the Supreme Court will choose to accept the case is uncertain. [read post]
19 May 2024, 8:06 am
After Giboney, the Supreme Court revisited the exception in United States. v. [read post]
28 Oct 2010, 7:15 am
Aug. 27, 2010), the Supreme Court of Delaware answered a certified question of Delaware law from the United States District Court for the Southern District of New York regarding the standing of a plaintiff-shareholder of a parent corporation to bring a “double derivative” action following a merger. [read post]
25 Aug 2009, 7:53 am
(fn 5), the United States Supreme Court held that Federal Rule of Evidence 702 superseded the Frye standard for determining the admissibility of expert scientific testimony. [read post]
13 Feb 2023, 6:00 am
Dec. 1, 2022)The Delaware Supreme Court’s Cornerstone Therapeutics decision established that, although a transaction involving a controller must satisfy entire fairness review, plaintiffs seeking money damages against independent directors protected by an exculpation clause must still state a non-exculpated claim against each such director, or that director will be entitled to dismissal. [read post]
25 Jul 2018, 12:54 pm
Examen, Inc., 871 A.2d 1108 (Del. 2005), the Delaware Supreme Court rejected CGCL Section 2115 on grounds that it violated the “internal affairs doctrine” under Delaware law, which provides that the law of the state of incorporation should govern any disputes regarding that corporation’s internal affairs. [read post]
9 Aug 2022, 6:32 am
In 2019, the Delaware Supreme Court’s decision in Marchand reminded boards that although the Caremark standard only requires a good faith effort to put in place and attend to a reasonable compliance structure, a plaintiff could state a claim against directors by pleading facts suggesting that the board failed to make any effort to ensure that a board-level system of oversight was in place to address a mission critical risk. [read post]
9 Aug 2022, 6:32 am
In 2019, the Delaware Supreme Court’s decision in Marchand reminded boards that although the Caremark standard only requires a good faith effort to put in place and attend to a reasonable compliance structure, a plaintiff could state a claim against directors by pleading facts suggesting that the board failed to make any effort to ensure that a board-level system of oversight was in place to address a mission critical risk. [read post]
26 Sep 2008, 3:19 pm
Notably, the court relied on Delaware Chancery Court and Delaware Supreme Court cases which clarify the distinction between (1) indemnification and advancement; and (2) mandatory advancement and discretionary advancement. [read post]
2 Feb 2023, 9:05 pm
Moreover, the Delaware Supreme Court has not yet had an opportunity to weigh in on the issues addressed in either MultiPlan or Gig3. [read post]
11 Apr 2022, 9:05 pm
Outside of Delaware, however, relatively few director liability claims are litigated, and even fewer reach appellate courts. [read post]
30 Jun 2015, 11:15 am
The amendment also invalidates provisions that prohibit bringing these claims in the courts of Delaware, such as provisions requiring litigation in the courts of a different state or in an arbitral forum to the exclusion of litigating before Delaware courts. [read post]
30 Jun 2015, 11:15 am
The amendment also invalidates provisions that prohibit bringing these claims in the courts of Delaware, such as provisions requiring litigation in the courts of a different state or in an arbitral forum to the exclusion of litigating before Delaware courts. [read post]
7 Sep 2016, 9:39 am
By Kevin Kulling, J.D.A federal court in Delaware has concluded that a state court was divested of jurisdiction over “covered class actions” under the Securities Act. [read post]
11 Apr 2011, 5:00 am
As the adoption of DGCL 112 (access bylaws) and the Supreme Court's decision in Airgas concerning the interpretation of staggered board provisions, the state will protect its management friendly franchise. [read post]
