In Re CNX Gas
Corp. Shareholders Litigation, C. A. Consol. No. 5377-VCL (Del Ch. May 25,
2010), read 42-page opinion here . This will be a very short overview until a
fuller synopsis can be provided at a later date.
The Delaware Court of Chancery
denied a request for a preliminary...
This 33-page opinion of the Court of Chancery, issued yesterday on a holiday, grants an application for an interlocutory appeal of the original decision in this case dated May 26, 2010, which was highlighted on this blog here. The major issue in the first opinion was the applicable standard...
Massachusetts Mutual Life Insurance Company
v. Certain Underwriters at Lloyd's of London, C.A. No. 4791-VCL
(Del. Ch. Sept. 24, 2010), read opinion here .
A prior decision by the Court of Chancery in this case, which denied a
motion to dismiss on non-jurisdictional grounds, was highlighted here...
Vila v. BVWebTies LLC,
C.A. No. 4308-VCS (Del. Ch. Oct. 1, 2010), read opinion here .
This opinion adds needed depth to the case law on Section
18-802 of the Delaware LLC Act which allows a member of an LLC to seek
dissolution when it is not "reasonably practicable"...
GTSI Corp. v. Eyak Technology, LLC,
C.A. No. 5815-VCL (Del. Ch. Nov. 15, 2010), read opinion here.
The limited issue presented in this Delaware Court of
Chancery opinion is a perennial corporate litigation conundrum that has been
the subject of many case summaries on this blog...
The Deal Prof has a run-down on the Airgas decision . He has it about
The signal this reversal sends is that it basically says
don't worry about the language of your contracts so long as everybody "knows"
what it means.
Potato, potahto, tomato, tomahto. Let's call...
I don't know, but I think Chancellor Chandler isn't all
that impressed with the Supreme Court reversing his decision in the Airgas
case. He sent a letter to the parties yesterday ( Letter
here ) with a number of questions seeking
supplemental information relevant to the next part of the case...
So, tomorrow Chancellor Chandler will take up the
question of whether to order the Airgas board to pull its pill. Air
Products, you'll remember, has been pursuing Airgas for many months now.
Airgas has steadfastly said "No." In the fall Air Products
elected three members to the board...
Lavi v. Wideawake Deathrow Entertainment LLC ,
C.A. No. 5779-VCS (Del. Ch. Jan. 18, 2011), read letter ruling here .
The issue decided by the Court of Chancery in
this books and records action under Section 18-305 of the Delaware Limited
Liability Company Act was whether a motion...
Huawei Technologies Co. Ltd., v. Interdigital Technology Corporation , C.A. No. 6974-CS (Del. Ch. June 11, 2012)(Transcript ruling). Issues Presented : (1) whether a motion to expedite should be granted, and (2) whether a motion to dismiss or stay should be granted based on the McWane first-filed doctrine...
McElroy v. Schornstein, C.A. No. 7233-CS (Del. Ch. June 20, 2012).
Issue Addressed : Whether summary proceedings for dissolution under 8 Del. C . § 273 should be permitted to proceed as an exception to the first-filed rule under the McWane doctrine, in light of related actions outside of Delaware...
Seinfeld v. Slager , C.A. No. 6462-VCG (Del. Ch. June 29, 2012).
(1) Whether board approval of a supplemental retirement bonus was a breach of fiduciary duty to the extent that it constituted waste and did not qualify for a tax deduction; and (2) Whether a stock option plan for...
ASB Allegiance Real Estate Fund v. Scion Breckenridge Managing Member LLC , C.A. No. 5843-VCL (Del. Ch. July 9, 2012). In this opinion the Court of Chancery awarded attorneys' fees, based on a fee-shifting provision of the LLC agreement, of more than $3.2 million. The recent Chancery decision on...
Rock Solid Gelt Ltd. v. The SmartPill Corp ., C.A. No. 7100-VCN (Del. Ch. Oct. 10, 2012).
Issue Presented : Whether a request for books and records was overly broad in connection with information sought to value one's interests in a closely held company.
Short Answer :Yes.
Feeley v. NHAOCG, LLC , C.A. No. 7304-VCL (Del. Ch. Oct. 12, 2012) [ enhanced version available to Lexis.com subscribers ].
What this case is about: This Delaware Court of Chancery opinion addresses a dispute regarding management and control of an LLC based on an interpretation of the LLC agreement...
Feeley v. NHAOCG, LLC , is a pending Chancery case involving issues that relate to a contest for control, and which has thus far generated two opinions, highlighted on these pages here and here . A transcript of an oral argument in this case has recently been made available, regarding a claim in the...