Search for: "Matter of the State of Delaware"
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31 Aug 2012, 9:51 am
In Delaware, the judge and arbitrator are the same, so the judge’s final award results in a judgment enforced by state power. [read post]
3 May 2022, 1:39 pm
The appellate court said that, as a threshold matter, the FFP did not involve any “state action,” a necessary element of any dormant Commerce Clause claim. [read post]
30 Jan 2015, 4:21 am
” The complaint asserts that the pre-filing requirement is “so onerous” that it “effectively guarantees that, notwithstanding the provisions of state and federal law, no class or derivative action can be filed against Defendants, no matter how egregious their conduct may be. [read post]
11 Feb 2015, 5:00 am
A recent decision by the Delaware Court of Chancery, In the Matter of Bermor, Inc., C.A. [read post]
6 Jun 2021, 4:08 pm
This decision is consistent with the latest developments in Delaware law regarding forum non conveniens, to the extent that “overwhelming hardship” need not be established by the defendant where, as in this matter, the plaintiff did not file suit first, and the cases in competing states are deemed to have been simultaneously filed. [read post]
13 Apr 2016, 10:40 am
Tens of thousands of businesses list the same Delaware addresses, home to their incorporating agents.The businesses registered in Delaware include 65% of Fortune 500 companies.But many more are limited liability corporations essentially unknown to all but the owners and their agents and lawyers, drawing enough criticism that the state maintains a “facts and myths” Web page. [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]
11 Jul 2008, 5:00 pm
Recently, the Supreme Court of Delaware in Wood v. [read post]
24 May 2007, 10:17 am
Earlier this month, the SEC conducted a roundtable over the relationship between state law and the proxy rules. [read post]
15 Sep 2011, 5:01 am
The Iowa provision makes the matter absolutely clear by adopting the Delaware approach. [read post]
6 Apr 2012, 10:36 am
If GSK is a Delaware citizen, then it is diverse and entitled to a federal venue. [read post]
13 Jul 2009, 4:10 pm
TIG proposed to broaden the search to matters with $500,000 in expenditures. [read post]
19 Jul 2015, 8:36 pm
” As a general matter, directors are presumed to make business decisions “on an informed basis, in good faith and in the honest belief that the action taken [i]s in the best interests of the company. [read post]
18 Jun 2010, 5:30 am
As a result, it ordered the defendants to show cause why this action should not be remanded to the state court for lack of subject matter jurisdiction. [read post]
22 Mar 2012, 7:02 am
Although the Court of Chancery has repeatedly stated that Citadel does not require an analytical review of the reasonableness of fees at the advancement stage, corporations still use the excuse as a way to delay or avoid the advancement expense. [read post]
29 Feb 2016, 3:19 am
The respondent member nonetheless moved to dismiss the petition, relying on a series of Second and Third Department decisions dismissing for lack of jurisdiction petitions seeking to dissolve foreign business entities, including Matter of Warde-McCann (2d Dept 1987) involving a Delaware corporation, Matter of Porciello (2d Dept 1998) involving a Florida corporation, Matter of MHS Venture Management Corp. (2d Dept 2009)… [read post]
29 Feb 2016, 3:19 am
The respondent member nonetheless moved to dismiss the petition, relying on a series of Second and Third Department decisions dismissing for lack of jurisdiction petitions seeking to dissolve foreign business entities, including Matter of Warde-McCann (2d Dept 1987) involving a Delaware corporation, Matter of Porciello (2d Dept 1998) involving a Florida corporation, Matter of MHS Venture Management Corp. (2d Dept 2009)… [read post]
5 Jan 2010, 3:21 pm
(Grace) and the State of Montana appeal an order from the United States District Court for the District of Delaware affirming an order from the District’s Bankruptcy Court denying Grace’s motion to expand a preliminary injunction. [read post]
18 Jun 2009, 1:04 pm
Next week, FATF is scheduled to review U.S. actions on this matter. [read post]
5 Jan 2018, 11:13 am
Stein has appeared before federal and state courts throughout the United States including New York, New Jersey, Delaware, California, Florida, Texas, District of Columbia, Illinois, and Nebraska, and before the Court of Appeals for the D.C. and Federal Circuits, recently obtaining a Rule 36 affirmance of five separate summary judgments concerning alleged patent infringement, false patent marking, and commercial claims. [read post]
