Search for: "Matter of the State of Delaware"
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16 Sep 2021, 5:00 am
Nevertheless, the DGCL expressly states some prohibitions on corporate freedom, and more generally restricts charters and bylaws form containing provisions that are contrary to, or inconsistent with, Delaware law because they go against public policy.The plain language of Section 262, however, does not prohibit stockholders from waiving their appraisal rights by stating that stockholders "shall" have a right to appraisal. [read post]
13 Sep 2021, 2:00 pm
Some states, such as Delaware, require every LLC have an operating agreement. [read post]
9 Sep 2021, 8:48 am
Instead, the matter has been left to the individual states to address. [read post]
9 Sep 2021, 8:48 am
Instead, the matter has been left to the individual states to address. [read post]
8 Sep 2021, 10:58 am
These kinds of provisions have been held to be facially valid by the Delaware Supreme Court, and several California state court rulings have enforced federal forum provisions. [read post]
8 Sep 2021, 8:01 am
., a small company in a remote part of the state. [read post]
6 Sep 2021, 5:17 pm
[¶] And “Delaware Courts will not exercise subject matter jurisdiction over a dispute that is predicated on foreign law where the foreign state has vested jurisdiction exclusively in its own courts. [read post]
2 Sep 2021, 3:03 pm
In addition, on the basis of the forum selection provision in the company’s charter, Judge Seeborg severed out the plaintiff’s state law claims and dismissed the claims without prejudice, for the plaintiff to re-file those claims in Delaware if the plaintiff chooses to pursue that path. [read post]
26 Aug 2021, 5:00 am
Those of us in the United States, Liberia, and Myanmar would like an answer too, please. [read post]
20 Aug 2021, 7:21 am
On September 17, 1778, they signed a treaty, a military alliance, with the United States to allow for troops movements and fort construction in our fight with the British, a ratified treaty that today is in our holdings: Ratified Indian Treaty 8: Delaware – Fort Pitt, September 17, 1778. [read post]
17 Aug 2021, 9:41 am
No matter where it does business, Delaware law with govern a Delaware corporation’s internal affairs. [read post]
5 Aug 2021, 12:12 pm
(collectively, GSK) sued Teva Pharmaceuticals USA, Inc. in the United States District Court for the District of Delaware for infringement of claims of GSK’s Reissue Patent No. [read post]
5 Aug 2021, 11:18 am
The company is committed to pro bono clean water advocacy at the local, state and national level. [read post]
5 Aug 2021, 10:46 am
VLSI brought a motion to dismiss in March, which was heard in May, with no decision having been entered yet by the Delaware state court.But there is also some VLSI v. [read post]
4 Aug 2021, 12:49 pm
When the attorney asked for more information on the nature of the dispute, they received an email from “Buvant Construction Group LLC” stating that the dispute was with “Fastenal Company, United States” concerning an unfulfilled order. [read post]
2 Aug 2021, 4:06 pm
The settlement agreement resolves all of the pending matters, including both the Ohio action and the Delaware action. [read post]
2 Aug 2021, 12:19 am
Such was the fate of the unfortunate litigant who initially succeeded in winning dismissal on the merits of a dissolution petition involving a Delaware LLC only to see its victory vacated on appeal for lack of subject matter jurisdiction, in Matter of MHS Venture Management Corp. v Utilisave, LLC. [read post]
30 Jul 2021, 6:03 am
Up to 35% of judges and court staff may be present on-site in state workers’ compensation court locations in accord with the N.J. [read post]
29 Jul 2021, 7:45 am
Would anybody ever file in Delaware? [read post]
25 Jul 2021, 7:19 pm
“[E]ven if Defendants owed fiduciary duties to Plaintiff, Delaware law does not impose upon them any obligation other than to maintain the derivative action for the benefit of the stockholders,” and therefore Plaintiff has not pled breach as a matter of law,” and 3. [read post]
