On June 27, the United States Supreme Court delivered two
of its most significant opinions on the subject of personal jurisdiction
in nearly twenty-five years (since Asahi Metal Ind. Co. v. Superior Court of
California , 480 U.S. 102(1987) [ an enhanced version of this opinion is available to lexis...
In re Rehabilitation of Manhattan
Re-Insurance Co. , C.A. No. 2844-VCP (Del. Ch. Oct. 4, 2011).
Read opinion here .
Whether the Court of Chancery has original and exclusive
jurisdiction over insurance rehabilitation proceedings.
If so, whether that exclusive jurisdiction...
In Parcell v. Southwall Technologies, Inc. , C.A.
No. 7003-VCL (Del. Ch. Nov. 7, 2011)(transcript), the Delaware Court of
Chancery refused to stay litigation challenging a transaction despite parallel
litigation pending in California challenging the same transaction. Read
WASHINGTON, D.C. - (Mealey's) The Telephone Consumer
Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state
courts" does not deprive federal district courts of federal question
jurisdiction over private TCPA lawsuits, a unanimous U.S. Supreme Court ruled Jan....
Francis G.X. Pileggi of Eckert
Seamans Cherin & Mellott, LLC, discusses NuVasive,
Inc. v. Lanx, Inc ., C.A. No. 7266-VCG (Del. Ch. July 11, 2012), in
which the Delaware Court of Chancery considered a claim that the defendant
company improperly persuaded employees of plaintiff company to work...
In a succinct per curiam
opinion, the Eleventh Circuit sensibly holds that a formally dissolved
corporation has no principal place of business. Accordingly, for diversity
jurisdiction purposes, such a corporation will be deemed a citizen only of the
states in which it is incorporated...
A key focus of the New Era of FCPA enforcement is the
prosecution of individuals. Enforcement officials have repeatedly emphasized
the necessity of bringing actions against individuals as well as business
organizations. At the same time some have criticized enforcement officials for
not brining more...
Diamond Foods, Inc . Derivative Litigation , C.A. No. 7657-CS
(Del. Ch. Feb. 28, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ].
Issue Addressed : Whether
a derivative suit filed in Delaware should be dismissed in favor of a similar
A federal court must determine that it has subject matter jurisdiction and personal jurisdiction and that venue is proper before it can adjudicate a matter. If it lacks any one of the three, the court will not proceed, and it need not examine whether the other two requirements are met. In diversity actions...
This past Friday, I went to a seminar put on by the Antitrust and Complex Business Disputes Law Section of the North Carolina Bar Association in an almost successful effort to finish getting my required CLE hours for 2014. This seminar included presentations from Business Court Chief Judge Gale as well...
The recent Delaware Court of Chancery decision in Doe v. Coupe , C.A. No. 10983-VCP (Del. Ch. July 14, 2015), clarifies the basis for equitable jurisdiction needed in order for the Court of Chancery to hear a claim that the state should be enjoined from enforcing an unconstitutional statute, in connection...