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... Read More
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... Read More
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... Read More
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... Read More
WILMINGTON, Del. — (Mealey’s) A Delaware state court jury on May 28 awarded $100 million to a woman who says she was injured by pelvic mesh devices made by Boston Scientific Corp. ( Deborah A. Barba v. John C. Carlson, D.O., et al. , No. N11C... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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... Read More
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. ... Read More
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... Read More
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... Read More
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... Read More
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... Read More