Search for: "Superior Court of Delaware"
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2 Mar 2019, 9:00 am
In a matter of first impression in Delaware, the Delaware Superior Court recently held that the Department of Natural Resources and Environmental Control (“DNREC”) does not have authority under its cease and desist powers to mandate that an alleged violator take affirmative corrective action. [read post]
3 Apr 2019, 6:00 am
” When the plaintiff filed suit in the Complex Commercial Litigation Division of Delaware’s Superior Court, the defendant argued that the parties’ dispute regarding post-closing tax matters should instead be filed in the Delaware Court of Chancery pursuant to 6 Del. [read post]
15 Aug 2018, 6:00 am
While the opinion applies Tennessee law, some parts of the opinion suggest that the Court would reach the same result if Delaware law applied. [read post]
13 Aug 2009, 6:41 pm
Mary Johnston, a Superior Court judge since 2003 and previously the chief disciplinary counsel for the Delaware Supreme Court and a partner at Morris... [read post]
5 Dec 2021, 11:13 am
To be sure, Judge LeGrow declined to apply the “fundamentally identical” standard in reliance on an earlier Delaware Superior Court decision and with reference to Delaware Supreme Court authority. [read post]
26 Oct 2022, 12:13 pm
Lawmakers planned to consider a bill related to health coverage changes for retired state workers, but a state superior court judge ordered a temporary halt to the state’s plan to switch insurance plans for retirees, rendering discussion of the bill moot. [read post]
17 Feb 2020, 6:00 am
Under Delaware law, parties may structure covenants in an earnout agreement as affirmative (mandating action) or negative (prohibiting action). [read post]
23 Nov 2022, 11:54 am
., Nov. 22, 2022), the Delaware Court of Chancery held that a challenge by religious leaders to now-lifted Covid-related restrictions on religious services should be brought in Superior Court, not in Delaware's Chancery Court which is limited to providing equitable relief. [read post]
20 Aug 2018, 6:00 am
Here the Court considered the impact of the recent amendments to the Italian Data Protection Code on discovery and found that it did not impose an undue hardship under the facts present in this case. [read post]
30 Nov 2006, 5:54 pm
Delaware Solid Waste Auth., C.A. [read post]
31 Jul 2008, 6:09 am
Co. of Canada, the Delaware Superior Court considered insurers’ usual arguments as to why they should be able to refuse to advance defense costs, as they promised to do in their policies. [read post]
14 Mar 2018, 6:00 am
Mar. 1, 2018), a D&O insurance coverage dispute, the state Superior Court’s complex commercial litigation division reasoned broadly to hold that, absent a contrary choice of law clause, Delaware law applies to Delaware corporations’ D&O insurance policies, and that Delaware public policy does not prohibit insuring losses from insureds’ breaching the fiduciary duty of loyalty through fraudulent conduct. [read post]
19 Aug 2019, 1:27 pm
., when Delaware Superior Court Judge Abigail LeGrow held—in a matter of first impression anywhere in the country—that a shareholder appraisal action challenging the price Solera obtained for its shares when it sold itself to private equity firm Vista Equity Partners was a “Securities Claim” within the meaning of Solera’s directors and officers liability insurance policies. [read post]
18 Jan 2023, 1:17 pm
Seitz, Jr. for a unanimous three-judge panel, the Delaware Supreme Court affirmed the Superior Court’s ruling. [read post]
21 May 2011, 12:38 pm
Mary Johnston of the Delaware Superior Court. 7. [read post]
21 May 2020, 6:00 am
As this decision demonstrates, Delaware courts will enforce the plain and ordinary meaning of contractual terms governing an earn-out payment, including the process by which a payment is to be calculated, noticed, and contested. [read post]
11 Apr 2017, 5:56 am
The Delaware Superior Court denied a criminal defendant's motion to dismiss on double jeopardy grounds here the trial judge had recused himself Ms. [read post]
11 Nov 2019, 6:00 am
The Supreme Court thus reversed a holding of the Delaware Superior Court that the insurance coverage applied because the claims “pertain[ed] to laws one must follow when engaging in securities transactions. [read post]
31 Mar 2021, 6:00 am
In the Complex Commercial Litigation Division of the Superior Court, the insurers argued that they were not obligated to reimburse losses arising from the two securities lawsuits because of, inter alia, an exclusion regarding the “relatedness” of Wrongful Acts. [read post]
11 Dec 2020, 7:58 am
” Additionally, the remaining members of the Supreme Court, Chancery Court and Superior Court “shall be of the other major political party. [read post]
