30 Nov, 2006 Superior Court Rejects Breach of Contract and Apparent Authority Claims, Grants Summary Judgment By Morris James LLP Pisano v. Delaware Solid Waste Auth., C.A. No. 05-C-03-132-FSS (Del. Super. Nov. 30, 2006). In this opinion granting Defendant’s motion...
29 Nov, 2006 Federal Court Denies Motion For Reconsideration By Morris James LLP Pell v. E.I. DuPont de Nemours & Co. Inc., Civil Action No. 02-21 KAJ, 2006 WL 3391375 (D. Del. Nov. 22, 2006). Plaintiffs filed a Motion...
29 Nov, 2006 Court of Chancery Rejects Inadequate Settlement By Morris James LLP In Re SS&C Technologies, Inc. Shareholders Litigation, C.A. No. 1525-N (Del. Ch. November 29, 2006). The Court of Chancery for over 30...
29 Nov, 2006 Court of Chancery Resolves Conflict With SEC Rule By Morris James LLP Esopus Creek Value LP v. Hauf, C.A. No. 2487-N (Del. Ch. November 29, 2006). Delaware law requires an annual stockholder meeting. The SEC...
27 Nov, 2006 Court of Chancery Approves Awards Large Fees! By Morris James LLP A few recent articles have questioned the willingness of the Court of Chancery to award adequate fees in class and derivative litigation....
22 Nov, 2006 Court of Chancery Upholds Conspiracy Theory By Morris James LLP Allied Capital Corporation v. GC-Sun Holdings, LP, C.A. No. 1954-N (Del. Ch. November 22, 2006). This is the first decision that applies...
21 Nov, 2006 Federal Court Denies Class Certification Predicated On Bogosian Theory Of Common Impact Injury By Morris James LLP American Seed Co., Inc. v. Monsanto Company, Civ. No. 05-535-SLR, 2006 WL 3276831 (D. Del. Nov. 13, 2006). Plaintiffs brought a class...
20 Nov, 2006 Superior Court Rejects Affirmative Defense of Res Judicata at Damages Stage By Morris James LLP Gibbs v. Fairbanks Capital Corp., C.A. No. 04C-06-258-JRJ (Del. Super. Nov. 20, 2006). In this opinion denying Defendant’s motion for...
16 Nov, 2006 Federal Court Permits Motion To Transfer Using Multi-Factor Balancing Test By Morris James LLP Weisler v. Barrows, C.A. No. 06-362 GMS, 2006 WL 3201882 (D. Del. Nov. 6, 2006). Plaintiff, a shareholder of Sycamore Networks, Inc....
15 Nov, 2006 Court of Chancery Explains When Directors Are Interested in the Deal By Morris James LLP In Re Primedia Inc. Derivative Litigation, C.A. No. 1808-N (Del. Ch. November 15, 2006). This case dealt with when directors would be...
14 Nov, 2006 Court of Chancery Rejects Attempt to Revive Derivative Suit By Morris James LLP West Coast Management & Capital LLC v. Carrier Access Corporation, C.A. No. 2262-N (Del. Ch. November 14, 2006) is a classic example of...
12 Nov, 2006 Federal Court Dismisses Class Action For Lack Of Diversity By Morris James LLP Davis v. Union Pacific Railroad Co., C.A. No. 06-128 KAJ, 2006 WL 3218707 (D. Del. Nov. 7, 2006). Plaintiff, an incarcerated citizen of...
10 Nov, 2006 Federal Court Affirms Arbitration Award that Included Share Valuation by Agreement By Morris James LLP Millennium Validation Services, Inc. v. Thompson, C.A. No. 02-1430 (GMS), 2006 WL 3159821 (D. Del. Nov. 3, 2006) Plaintiff, a Delaware...
09 Nov, 2006 Court of Chancery Rejects Challenge to Stockholder Consent By Morris James LLP B.F. Rich Co., Inc v. Gray, C.A. No. 1896-N (Del. Ch. November 9, 2006) refused to consider the defense in Section 225 case that the...
06 Nov, 2006 Delaware Supreme Court Adopts the Caremark Standard for Oversight Liability By Morris James LLP Stone v. Ritter __ A.2d __ (Del. Nov. 6, 2006) As had been widely expected, the Delaware Supreme Court recently adopted the standard for...
06 Nov, 2006 Supreme Court Interprets The "Duty" To Act In Good Faith By Morris James LLP Stone v. Ritter, C.A. No. 93, 2006 (Del. Supr. November 6, 2006). The Supreme Court has issued the latest Delaware decision to interpret...