Litigation

Recent Posts

Delaware Federal Court Issues New Default Standard for E-Discovery
Posted on 10 Jan 2012 by Francis G.X. Pileggi

Periodically we report on rule changes in the federal courts so that practitioners are away of these changes and how they might affect litigation practice in Delaware courts. On December 8, 2011, the District of Delaware revised its Default Standard for... Read More

Class Action Alleging Self-Interested Conversion From LP To LLC Certified In Delaware
Posted on 15 Nov 2011 by Francis G.X. Pileggi

Garrett v. Zon Capital Partners, L.P. , C. A. No. 5607-CS (Del. Ch., Nov. 10, 2011), read letter ruling here . Issue Addressed: Whether a motion for class certification should be granted pursuant to Court of Chancery Rule 23 in connection with a... Read More

Delaware Chancery Court Defers Decision On Application For Interim Fees In Class Action
Posted on 2 Aug 2011 by Francis G.X. Pileggi

In Frank v. Elgamal , C.A. No. 6120-VCN (Del. Ch. July 28, 2011), read letter ruling here , the Delaware Court of Chancery deferred making a decision on an application for interim fees in a class action challenging an acquisition. Issue Addressed ... Read More

More Than $660,000 In Attorney Fees Awarded By Delaware Chancery Court In 'Momentous' Decision
Posted on 2 Mar 2012 by Francis G.X. Pileggi

Auriga Capital Corp. v. Gatz Properties, LLC , is an iconic opinion from the Delaware Court of Chancery that was issued on Jan. 27, 2012 and highlighted on these pages here. This decision is momentous because it explains why fiduciary duties will apply... Read More

Securities Fraud Class Action Dismissed Under Heightened Pleading Rules
Posted on 6 Sep 2011 by Francis G.X. Pileggi

The U.S. Third Circuit Court of Appeals in City of Roseville Employees' Retirement System v. Horizon Lines, Inc., et al. , Case No. 10-2788, on August 24, 2011, in a 2-to-1 decision, read opinion here [ an enhanced version of this opinion is available... Read More

Delaware High Court Declines To Adopt More Stringent Standards For Motions To Dismiss
Posted on 19 Aug 2011 by Francis G.X. Pileggi

Central Mortgage Co. v. Morgan Stanley Mortgage Capital Holdings, LLC, No. 595-2010 (Del. Supr. Aug. 18, 2011), read Delaware Supreme Court's en banc opinion here . Issue Addressed Whether Delaware should adopt the more stringent standard for... Read More