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 Given the importance of the orders to notions of federalism and the proper spheres of federal and state regulation, any decision by a Court of Appeals may find its way to the Supreme Court. [read post]
16 Apr 2020, 9:05 pm by Max Masuda-Farkas
” In its first online session, the Kansas Supreme Court ruled that the Legislative Coordinating Council lacked authority to revoke Governor Laura Kelly’s executive order banning gatherings larger than 10 people. [read post]
15 Apr 2020, 4:04 pm by Harper Batts
  Aatrix, Berkheimer, and subsequent decisions appear to have only led to more inconsistent approaches among district court judges, revealing the glaring flaws of 101 analysis, particularly without more Federal Circuit or Supreme Court guidance. [read post]
15 Apr 2020, 3:16 pm by Kevin LaCroix
Last year, applying the Delaware Chancery Court’s Caremark duty of loyalty standard, the Delaware Supreme Court reaffirmed director liability where a board of directors fails to establish a reporting process for essential compliance and governance matters. [read post]
15 Apr 2020, 6:00 am
” In cases, such as DFC Global, Dell, and Aruba, the Delaware Supreme Court stated that when an acquisition is done at “arms’ length” and when there is sufficient competition for the target, either before or after the agreement has been signed, the deal price is a reliable indicator of “fair value” of the target’s shares. [read post]
13 Apr 2020, 8:39 am by Jordan M. Asch
Supreme Court issued a decision that will directly affect those in the maritime charter industry, and may ripple out to anyone performing a cleanup or defending a claim under the Oil Pollution Act (OPA). [read post]
12 Apr 2020, 1:45 pm by Kevin LaCroix
” The Delaware Supreme Court said that these allegations were sufficient to state a claim for alleged breach of the duty of oversight and allowed the claim to go forward. [read post]
7 Apr 2020, 1:35 pm by Kevin LaCroix
  More About the Delaware Supreme Court’s Landmark Decision on Federal Forum Provisions: As I detailed in a post at the time, on March 19, 2020, the Delaware Supreme Court held in the Sciabaccuchi decision that provisions in company’s articles of incorporation designating a federal court forum for liability actions under the ’33 Act are facially valid. [read post]
6 Apr 2020, 6:14 am
Supreme Court decision in 2018 confirmed that Section 11 claims may be brought in Federal or state court. [read post]
4 Apr 2020, 6:44 am
On March 18, 2020, the Delaware Supreme Court issued its long-awaited decision in Salzberg v. [read post]
3 Apr 2020, 12:58 pm by NCC Staff
Delaware’s Weird—and Constitutionally Suspect—Approach to Judicial Independence By Garrett Epps, Professor of Law, University of Baltimore School of Law Garrett Epps discusses an upcoming Supreme Court case, Carney v. [read post]