30 Dec, 2005 Federal Court Transfers Venue Under The Jumara v. State Farm Ins. Co. Articulation Of 28 U.S.C. Section 1412 Multifactor Considerations By Morris James LLP Bank of America, N.A. (USA) v. US Airways, Inc., No. Civ. A. 05-793-JJF, 2005 WL 3525680 (D.Del. Dec. 21, 2005). This is an action...
23 Dec, 2005 Court of Chancery Substantially Denies Motion to Dismiss Complaint Seeking Release of Escrowed Funds and Other Relief By Morris James LLP Bonham v. HBW Holdings, Inc., C.A. No. 820-N, 2005 WL 3589419 (Del. Ch. Dec. 23, 2005). Former stockholders sued acquirer for release of...
23 Dec, 2005 Court of Chancery Grants Partial Summary Judgment with Respect to Claims, Former Controlling Stockholder Extracted Excess Compensation from Acquirer By Morris James LLP Crescent/Mach I Partnership, L.P. v. Turner, C.A. No. 17455-NC, 2005 WL 3618279 (Del. Ch. Dec. 23, 2005). Former stockholders who were...
23 Dec, 2005 District Court Grants Motion to Dismiss Proceeding for Preliminary Injunction By Morris James LLP Bally Total Fitness Holding Corp. v. Liberation Investments, L.P., Liberation Investments, Ltd., Liberation Investment Group, LLC and...
22 Dec, 2005 District Court Grants Motion to Transfer to Eastern District of Virginia By Morris James LLP Bank of America, N.A. (USA) v. US Airways, Inc., 2005 WL 3525680, (D.Del., December 21, 2005) The District Court for the District of...
20 Dec, 2005 Court Refuses to Dismiss Suit to Invalidate Corporation's Extension of Poison Pill By Morris James LLP Unisuper v. News Corp., C.A. No. 1699-N, 2005 WL 3529317 (Del. Ch. Dec. 20, 2005). In the context of converting from an Australian...
20 Dec, 2005 Court of Chancery Determines Fair Value Of Stock In Appraisal Action By Morris James LLP Henke v. Trilithic Inc., C.A. No. 13155, 2005 WL 2899677 (Del. Ch. Oct. 28, 2005). Plaintiff, who was a stockholder of Trilithic, Inc.,...
15 Dec, 2005 Court of Chancery Holds Contractually Granted Advancement Rights Not Abrogated by Subsequent Indemnification Agreement Containing Integration Clause By Morris James LLP Brady v. i2 Technologies Inc., C.A. No. 1543-N, 2005 WL 3691286 (Del. Ch. Dec. 14, 2005). A former executive and director sought...
15 Dec, 2005 Court Enforces Lease Provision Protecting Supermarket from Competition from Other Shopping Center Tenants By Morris James LLP Penn Mart Supermarkets, Inc. v. New Castle Shopping LLC, C.A. No. 20405-NC, 2005 WL 3502054 (Del. Ch. Dec. 15, 2005). Liquor store chain...
14 Dec, 2005 Court Dismisses Claim That Board Breached Fiduciary Duty by Failing to Seek Recovery of Bonus that Turned Out Unjustified After Accounting Restatement By Morris James LLP Posted In Derivative Claims, Fiduciary Duty Laties v. Wise, C.A. No. 1280-N, 2005 WL 3501709 (Del. Ch. Dec. 14, 2005). In 2001, Defendant...
14 Dec, 2005 Court Denies Motion to Dismiss Claims for Tortious Interference and Civil Conspiracy in Connection with Telecommunications Merger By Morris James LLP Posted In Business Torts UbiquiTel v. Sprint Corporation, C.A. No. 1489-N, 2005 WL 3533697 (Del. Ch. Dec. 14, 2005, rev'd Dec. 19, 2005)....
14 Dec, 2005 Court Denies Motion to Dismiss Claims for Tortious Interference and Civil Conspiracy in Connection with Telecommunications Merger By Morris James LLP UbiquiTel v. Sprint Corporation, C.A. No. 1489-N, 2005 WL 3533697 (Del. Ch. Dec. 14, 2005, rev'd Dec. 19, 2005). UbiquiTel was the...
14 Dec, 2005 Court Dismisses Claim - Board Breached Fiduciary Duty by Failing to Seek Recovery of Bonus Turned out to Be Unjustified After Accounting Restatement By Morris James LLP Laties v. Wise, C.A. No. 1280-N, 2005 WL 3501709 (Del. Ch. Dec. 14, 2005). In 2001, Defendant corporate executive received bonuses and...
14 Dec, 2005 Court Grants Significantly Smaller Fee Award Than That Sought by Plaintiffs' Counsel in Connection with Settlement of Derivative Action By Morris James LLP In re Instinet Group, Inc. Shareholders Litig., C.A. No. 1289-N, 2005 WL 3501708 (Del. Ch. Dec. 14, 2005). Following the court's approval...
13 Dec, 2005 Court Declines to Award Fees on Fees in Advancement Proceeding Where Not Required under Indemnification Agreement. By Morris James LLP Kaung v. Cole National Corporation, C.A. No. 163-N, 2005 WL 3462250 (Del. Ch. Dec. 13, 2005). On remand in an advancement action,...
13 Dec, 2005 Court Declines to Award Fees on Fees in Advancement Proceeding Were Not Required Under Indemnification Agreement By Morris James LLP Kaung v. Cole National Corporation, C.A. No. 163-N, 2005 WL 3462250 (Del. Ch. Dec. 13, 2005). On remand in an advancement action,...