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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 Supreme Court Declines to Follow Federal Twombly Standard for Motions to Dismiss

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 motions to dismiss announced in the U.S. Supreme...