31 Jan, 2006 Superior Court Finds that Insurers Are Not Yet Obligated to Reimburse AT&T for Funds Used for Shareholder Settlement and Grants By Morris James LLP AT&T Wireless Services, Inc. v. Federal Ins. Co., 03C-12-232 WCC, 2006 WL 267135 (Del. Super. Ct. Jan. 31, 2006). In 2002 AT & T Wireless...
31 Jan, 2006 Delaware Supreme Court Reverses the Superior Court's Certification of Class in Suit Against Securities Dealers By Morris James LLP Wit Capital Group, Inc. v. Benning, No. 568, 2004, 2006 WL 249983 (Del. Jan. 31, 2006). The plaintiffs sued the defendants, Wit Capital...
27 Jan, 2006 Superior Court Finds "Volunteer" Director of LLC Immune from Suit and Requires Plaintiff to File a More Definite Statement By Morris James LLP Gilliland v. St. Joseph's at Providence Creek, C.A. No. 04C-09-042, 2006 WL 258259 (Del. Super. Ct. Jan. 27, 2006). After the board of...
26 Jan, 2006 Court Of Chancery Dismisses Complaint For R. 23.1 Failure Despite Corporation's Inadequate "Internal Controls" Attracting $50 million Fine By Morris James LLP Stone, et al. v. Ritter, et al., C.A. No. 1570-N, 2006 WL 302558 (Del. Ch. Jan. 26, 2006). This matter involved an attempt to institute a...
25 Jan, 2006 District Court Dismisses Potential Securities Fraud Class Action Involving Only Foreign Parties By Morris James LLP Blechner v. Daimler-Benz AG, C.A. No. 04-331-JJF, 2006 WL 167835 (D.Del. Jan. 24, 2005) Plaintiffs, on behalf of themselves and other...
24 Jan, 2006 Delaware Supreme Court Finds that Defendant Became an "Insured" for Purposes of 18 Del. C. § 4211(2)(a) by Operation of Law By Morris James LLP Delaware Ins. Guar. Ass'n v. Christiana Care Health Services, Inc., No. 244, 2005, 2006 WL 196382 (Del. Jan. 24, 2006). The Delaware...
24 Jan, 2006 Court of Chancery Holds That Unlike Corporations, LLC Agreements Can Mandate Arbitration for Fiduciary Breach Claims By Morris James LLP Douzinas, et al. v. American Bureau of Shipping, Inc., et al., C.A. No. 1496-N (Del. Ch. Jan. 24, 2006) (published at 888 A.2d 1146 (Del....
23 Jan, 2006 Court Of Chancery Upholds Voluntary Advancement Provisions Irrespective Of Alleged Wrongful Conduct By Morris James LLP Radiancy, Inc. v. Zion Azar, et al., C.A. No. 1547-N, 2006 WL 224059 (Del. Ch. Jan. 23, 2006). This is a summary judgment motion for...
23 Jan, 2006 Court Of Chancery Awards Litigation Fees Advancement Under LLC Agreement And Fees On Fees For Present Suit By Morris James LLP Joyce C. Delucca v. KKAT Management, L.L.C. et al., C.A. No. 1384-N, 2006 WL 224058 (Del. Ch. Jan. 23, 2006). This case was decided on a...
20 Jan, 2006 Court of Chancery Permits Interlocutory Appeal on Poison Pill Contract Issues By Morris James LLP Unisuper, Ltd. v. New Corporation, C.A. No. 1699-N (Del. Ch. Jan. 20, 2006). Opinion and order granting interlocutory appeal on two...
18 Jan, 2006 Superior Court Finds Company to be a De Facto Corporation and Dismisses Individual Defendants from Case By Morris James LLP Caudill v. Sinex Pools, Inc., C.A. No. 04C-10-090 WCC, 2006 WL 258302 (Del. Super. Ct. Jan. 18, 2006). In his complaint, the plaintiff,...
12 Jan, 2006 Superior Court Finds that Plaintiff Was Entitled to Advisory Fee Pursuant to Contract By Morris James LLP Barker Capital LLC v. Rebus LLC, C.A. No. 04C-10-269 MMJ, 2006 WL 246572 (Del. Super. Ct. Jan. 12, 2006). The plaintiff, Barker Capital...
10 Jan, 2006 Partial Summary Judgment Denied by Court Of Chancery On "Entire Fairness" And Disclosure Grounds By Morris James LLP In re Tele-Communications Inc. Shareholders Litig., C.A. No. 16470, 2005 WL 3547674 (Del. Ch. Dec. 21, 2005), opinion revised and...
10 Jan, 2006 Court of Chancery Holds That Contractually Agreed Issues of Substantive Arbitrability Are for Judicial Resolution By Morris James LLP Willie Gary LLC. v. James & Jackson LLC., C.A. No. 1781, 2006 WL 75309 (Del. Ch. Jan. 10, 2006), aff'd, (Del. Mar. 14, 2006)(Berger, J.)...
06 Jan, 2006 Superior Court Grants Defendant's Motion to Dismiss for Lack of Personal Jurisdiction By Morris James LLP Hutchison v. Bruehl, C.A. No. 05C-07-047 (JTV), 2006 WL 1149151 (Del. Super. Jan. 31, 2006) Plaintiff's father had an interest in gas and...
06 Jan, 2006 Court of Chancery Grants Plaintiff's Rule to Show Cause and Finds Defendant Was Contemnor Despite Wrongful TRO By Morris James LLP Richard Y. Johnson & Son, Inc. v. Just-In Construction, Inc., et al., C.A. No. 1735-S, 2006 WL 75308 (Del. Ch. Jan. 06, 2006). This case...