Family Appeals Delaware School Board Prayer Ruling

WILMINGTON Del. - (AP) A Jewish family is taking their lawsuit over starting Indian River district school board meetings with Christian prayer to the U.S. 3rd Circuit Court of Appeals. Attorneys for the unnamed family hope the federal appellate court will overturn District Judge Joseph Farnan Jr.'s...

Bankruptcy Judge Recommends Approval Of W.R. Grace's Reorganization Plan

WILMINGTON, Del. - (Mealey's) A federal bankruptcy judge in Delaware on Jan. 31 resolved the last objections to W.R. Grace & Co.'s Chapter 11 joint plan of reorganization and recommended that the district court approve the plan ( In re: W.R. Grace & Co., et al. , No. 01-1139, D. Del....

Delaware Judge Denies New York Request For Intel Information

WILMINGTON, Del. - (AP) A Delaware judge on Monday shot down an attempt by New York authorities to obtain confidential information from a lawsuit between Nvidia Corp. and rival chipmaker Intel Corp. as they investigate alleged anticompetitive behavior by Intel. An antitrust official with the New York...

Plaintiff Class Action Lawyers May Be Inclined To Avoid Delaware Courts

David Marcus writing for The Deal , adds to the growing commentary suggesting that plaintiffs' lawyers who file class actions, especially those challenging mergers, will be inclined to increasingly avoid Delaware Courts if the Court continues to impose more stringent prerequisites for awarding attorneys'...

In Re Novell, Inc. Shareholder Litigation: Delaware Court Denies Interim Application For Fees In Class Action

In Re Novell, Inc. Shareholder Litigation , Cons. C. A. No. 6032-VCN (Del. Ch. Aug. 30, 2011). Read letter ruling here . Issue Addressed: Whether interim application for fees in class action should be deferred as premature. Short Answer: Yes. Short Overview This letter decision reiterated...

Delaware Vice Chancellor Dismisses Derivative Action Against Goldman Sachs Directors

In the case of In Re The Goldman Sachs Group, Inc. Shareholder Litigation , C.A. No. 5215-VCG (Oct. 12, 2011), read opinion here , Vice Chancellor Glasscock, in his first major corporate law decision, granted defendants' motion to dismiss a derivative action brought against Goldman's current...

Delaware Federal Judge Overrules Objections, Confirms W.R. Grace's Chapter 11 Plan

WILMINGTON, Del. - (Mealey's) A Delaware federal judge on Jan. 30 overruled all remaining objections to W.R. Grace & Co.'s Chapter 11 plan of reorganization and confirmed the plan, which includes establishment of a trust to pay asbestos personal injury claims having an estimated total value...

Delaware Supreme Court Upholds Attorney Fees For Non-Monetary Benefit

EMAK Worldwide, Inc. v. Kurz, No. 512, 2011 (Del. April 17, 2012) [ enhanced version available to lexis.com subscribers ]. Several prior decisions in this matter by both the Delaware Supreme Court, and the Court of Chancery are highlighted and linked in a previous post. Issue Addressed Whether...

Not A Delaware Lawyer? Here's A Delaware Practice And Procedure Guide

These guidelines for collaboration between Delaware counsel and non-Delaware lawyers were prepared by Francis G.X. Pileggi, Kevin F. Brady and Jill Agro. This is a compilation of selected key Delaware court decisions, rules, and customs to guide Delaware attorneys serving as "Delaware Counsel"...

In A Delaware First, Standard When Lawsuit Threat Can Be Tortious Interference With Potential Business Relationships Addressed

Soterion Corp. v. Soteria Mezzanine Corp ., C.A. No. 6158-VCN (Del. Ch. Oct. 31, 2012). Why This Case is Noteworthy : This decision addresses for the first time in Delaware the applicable standard to determine when the threat of a lawsuit can be tortious interference with prospective business relationships...

Delaware Federal Judge Grants Debtor Access To Asbestos Claimant Information

WILMINGTON, Del. - (Mealey's) A Delaware federal judge on March 1 ruled that Chapter 11 debtor Garlock Sealing Technologies LLC can obtain documents filed by asbestos claimants' attorneys in nine other asbestos-related bankruptcy cases, finding that a bankruptcy judge erred and abused her discretion...

DLA Piper: 9 Questions And Answers About Exclusive Forum Provisions For Stockholder Litigation

By Ed Batts In light of Delaware case law developments over the past year, exclusive forum provisions are being increasingly adopted by public companies. What should you know about this complex but important area of corporate governance? 1. What are these provisions? Exclusive venue provisions...

Ballard Spahr LLP: Delaware Supreme Court Deals Blow To Merger Litigation Plaintiffs

By M. Norman Goldberger and Laura E. Krabill On [March 14], theDelaware Supreme Court adopted the business judgment rule standard of review for some controlling stockholder freeze-out mergers and potentially other interested party transactions. In Kahn, et al. v. M&F Worldwide Corp. , et al. ...

DLA Piper: Delaware High Court Upholds Fee-Shifting Provision In Company Bylaw, Signifying A Future Sea Change In Corporate Litigation

By: Jay Coogan and John L. Reed The Delaware Supreme Court, sitting en banc, has held that a Delaware corporate bylaw that requires a losing claimant to pay the legal fees and expenses of the defendants is not invalid per se , and if otherwise enforceable can be enforced against losing claimants whether...