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7 Oct 2021, 2:08 pm
” Students of the law will be interested to note that in assessing the demand futility issue, Vice Chancellor Will applied the newly articulated demand futility standard that the Delaware Supreme Court promulgated in its decision last month in the Facebook case (discussed here). [read post]
28 May 2014, 5:00 am
Accepting a certified question from the federal district court, the Delaware Supreme Court issued an opinion on a fee shifting bylaw adopted by a non-stock corporation in ATP Tour v. [read post]
31 Jul 2024, 12:15 am
Shawe's opinion is likely colored by his litigation experiences in the Delaware courts, including a decision by the Delaware Supreme Court upholding the appointment of a custodian to sell Transperfect. [read post]
29 Sep 2015, 9:00 am
As Delaware Supreme Court Chief Justice Leo Strine explained several years ago, “the reality is that every merger involving Delaware public companies draws shareholder litigation within days of its announcement. [read post]
29 Mar 2011, 12:33 pm
We'd much rather somebody, be it the governor, the legislature, or our Supreme Court step in and fix the problems that drove GSK's decision in the first place. [read post]
17 Jan 2012, 12:25 pm
Supreme Court that supports the constitutionality of the 2010 federal healthcare law. [read post]
28 Jun 2016, 8:47 am
The Justice Department, asked by the Supreme Court for its views, urged the Justices to hear the case. [read post]
11 Aug 2014, 9:10 am
Delaware, 438 U.S. 154, 98 S. [read post]
2 Nov 2015, 6:09 am
In its decision, the Supreme Court ruled that the Commerce Clause of the U.S. [read post]
23 Jan 2023, 4:48 am
The operating agreement should always reign supreme. [read post]
8 Feb 2011, 2:05 am
In that case, the Delaware Supreme Court upheld the Chancery Court’s decision not to apply California’s § 2115 based on the internal affairs doctrine. [read post]
5 Jul 2022, 6:27 am
The path to the Supreme Court was a winding one. [read post]
6 Feb 2017, 6:38 am
Strine, Jr. is Chief Justice of the Delaware Supreme Court, the Austin Wakeman Scott Lecturer on Law and a Senior Fellow of the Harvard Law School Program on Corporate Governance. [read post]
3 Aug 2009, 9:16 pm
"This reminds me of a rather curious problem I've been wondering about for a while.As I explained in my Corporation Law treatise: ... the Delaware supreme court held in Emerald Partners that a sec. 102(b)(7) provision is an affirmative defense. [read post]
17 Jan 2012, 4:14 pm
Five Chiefs: A Supreme Court Memoir. [read post]
7 Jun 2016, 3:58 pm
Supreme Court to try to get the Court to take up this question. [read post]
27 Aug 2008, 3:30 pm
A story today in the Muncie Star-Press, reported by Rick Yencer, begins:MUNCIE â€â [read post]
11 May 2020, 6:18 am
In Bristol-Myers, the Supreme Court held that the scope of a state court’s power to exercise personal jurisdiction over a defendant requires a connection between the defendant’s activity in the forum state and the specific claims in the litigation. [read post]
15 Aug 2017, 8:00 am
"Citing two decisions by the Supreme Court, Delaware State College v Ricks, 449 U.S. 25 and Chardon v Fernandez, 454 U.S. 6, the Second Circuit held that plaintiff's notice of termination in this case may, itself, constitute an adverse employment action notwithstanding its revocation before it became effective for the purpose of litigating an alleged unlawful discrimination or other claim.Although in this action the court found that the… [read post]
28 May 2007, 5:17 am
As the Supreme Court has recognized, “[f]oreign commerce is pre-eminently a matter of national concern,” and therefore, it is important for the Federal Government to speak with a single, unified voice. [read post]
