26 Jul, 2005 Superior Court Refuses to Dismiss Delaware Action, But Stays Delaware Action in Favor of Michigan Action By Morris James LLP Royal Indem. Co. v. General Motors Corp., C.A. No. 05C-01-223 RRC, 2005 WL 1952933 (Del. Super. Ct. July 26, 2005). Royal Indemnity...
25 Jul, 2005 Court of Chancery Dismisses Consumer's Fiduciary Duty Claim Against Online Brokerage, Stating Scope and Existence of any Duty is Governed Contract By Morris James LLP Weil v. Morgan Stanley DW Inc., 877 A.2d 1024 (Del. Ch. 2005). Plaintiff consumer brought an action on behalf of himself and others...
19 Jul, 2005 Court of Chancery Holds That Private Securities Litigation Reform Act and Uniform Standards Act Do Not Preempt Books and Records Action By Morris James LLP Romero v. Career Educ. Corp., C.A. No. 793-N, 2005 WL 1798042 (Del. Ch. July 19, 2005). Plaintiff shareholder brought an action against...
13 Jul, 2005 Court of Chancery Holds Fund to be Beneficial Owner Even When it Holds a Net Short Position or Purchases Shorted Shares from its Other Accounts By Morris James LLP Deephaven Risk ARB Trading Ltd. v. UnitedGlobalCom, Inc., C.A. No. 379-N, 2005 WL 1713067 (Del. Ch. July 13, 2005). Plaintiff Deephaven...
13 Jul, 2005 Federal Court Decides Start and End Dates Of Class Certification Are The Registration Statement Date And The Date Typicality Of Claims End By Morris James LLP Shockley v. Adams Golf, Inc., No. Civ.A. 99-371-KAJ, 2005 WL 3654346 (D.Del. June 27, 2005). This is a securities class action. The...
11 Jul, 2005 Court of Chancery Grants Preliminary Injunction Against Majority Stockholder Seeking to Purchase Additional Shares By Morris James LLP Flight Options Int'l, Inc. v. Flight Options, LLC, C.A. No. 1459-N, 2005 WL 2335353 (Del. Ch. July 11, 2005). Plaintiff Flight Options...
07 Jul, 2005 Court of Chancery Holds that Unitholders in Private Equity Fund Can Inspect Books and Records After Fund Loses 75% of Value By Morris James LLP Forsythe v. CIBC Employee Private Equity Fund, C.A. No. 657-N, 2005 WL 1653963 (Del. Ch. July 7, 2005). Plaintiffs Forsythe and Tesche,...
07 Jul, 2005 Court of Chancery Denies Request for Permanent Injunction Against Shareholder Seeking to Challenge Merger-After Merger is Consummated By Morris James LLP Examen, Inc. v. VantagePoint Venture Partners 1996, C.A. No. 1142-N, 2005 WL 1653959 (Del. Ch. July 7, 2005). Johnson v. VantagePoint...
06 Jul, 2005 Court of Chancery Denies Preliminary Injunction to Business Partner Who Alleges Breach of Confidentiality and Misappropriation of Trade Secrets By Morris James LLP Nutzz.com v. Vertrue Inc., C.A. No. 1231-N, 2005 WL 1653974 (Del. Ch. July 6, 2005). Plaintiff Nutzz.com ("Nutzz") sought a preliminary...
01 Jul, 2005 Court of Chancery Refuses to Pierce Corporate Veil or Impose Successor Liability to Enable a Former Employee to Recover Judgment By Morris James LLP Mason v. Network of Wilmington, Inc., C.A. No. 19434-NC, 2005 WL 1653954 (Del. Ch. July 1, 2005). Plaintiff won an employment...