LexisNexis® Legal Newsroom
Chancery Addresses Impact of Merger on Anti-Assignment Clause and Applies Federal Motion to Dismiss Standard

Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A. No. 5589-VCP (Del. Ch. Apr. 8, 2011), read opinion here . This case arises out of a series of agreements between the parties to license certain technology. A complaint was filed alleging a breach of two agreements based on a purchase by...

Delaware Court of Chancery Applies Step Transaction Doctrine to Favor Substance Over Form

In Coughlan v. NXP B.V ., C. A. No. 5110-VCG (Del. Ch. Nov. 4, 2011), the Delaware Court of Chancery applied the step transaction doctrine and the equitable principle that elevates substance over form, in order to grant summary judgment in a contract interpretation case. Read this 35-page opinion...

Court Rules on Exit of Hedge Fund Partner

Seibold v. Camulos Partners LP , C.A. No. 5176-CS (Del. Ch. Sept. 17, 2012). Issue Address : Did hedge fund breach the limited partnership agreement by not distributing to the departing partner his capital investment? Short Answer : Yes. In addition, the Court addressed many related claims and...

Arbitration Proceedings May Be Risky Business

In a recent ruling of the U.S. Supreme Court, Oxford Health Plans LLC v. Sutter [ an enhanced version of this opinion is available to lexis.com subscribers ], petitioner-defendant Oxford was forced to proceed with class arbitration with respondent-plaintiff John Ivan Sutter. This case, like other...

NC Business Court Takes on the Oxford Comma

You most likely have heard of the Oxford Comma. It is also referred to as the "serial comma.” If you are not familiar with this literary device, it is a comma placed before the word "and" or another conjunction (like or or nor) in a series of three or more terms. So, here's...