30 Mar, 2006 Superior Court Denies Defendant's Motion to Dismiss and Motion for a More Definite Statement in Breach of Contract Case By Morris James LLP Spanish Tiles, Ltd. v. Hensey, C.A. No. 05C-07-025 RFS, 2005 WL 3981740 (Del. Super. Ct. March 30, 2006). Plaintiff Spantis Tiles, Ltd....
29 Mar, 2006 Court of Chancery Awards Attorneys' Fees Only for Work Devoted to Meritorious Claims By Morris James LLP In re Triarc Companies, Inc. S'holders Litig., C.A. No. 16700, 2006 WL 903338 (Del. Ch. Mar. 29, 2006). After the voluntary dismissal of...
28 Mar, 2006 Court of Chancery Dismisses Complaint Because a Creditor Erroneously Asserted Derivative Claims as Direct in the Hope of Escaping Bankruptcy Court By Morris James LLP Big Lot Stores, Inc. v. Bain Capital Fund VII, LLC, C.A. No. 1081-N, 2006 WL 846121 (Del. Ch. Mar. 28, 2006). In 2000, in a sponsored...
27 Mar, 2006 Superior Court Enters Judgment in Favor of Defendant on Grounds that Defendant did not Breach Contract By Morris James LLP Freudenberg Spunweb Company v. Fibervisions L.P., C.A. No. 04C-03-073 (FSS), 2006 WL 1064173 (Del. Super. Ct. Mar. 27, 2006) Plaintiff...
24 Mar, 2006 Superior Court Denied Defendant's Motion to Dismiss for Failure to Join Indispensable Parties and Improperly Joined Claims By Morris James LLP Sonitrol Corp. v. Signature Flight Support Corp., C.A. No. 05C-07-302, 2006 WL 1134775 (Del. Super. March 24, 2006) Signature entered...
23 Mar, 2006 Court Enjoins Plaintiff from Initiating Third-Party Proceedings Against Defendants and from Pursuing Global Settlement Strategy in Asbestos Cases By Morris James LLP Flowserve Corp. v. Burns Int'l Servs. Corp., C.A. No. 04-1294-JJF, 2006 WL 739886 (D. Del. Mar. 22, 2006) Plaintiff filed a complaint...
21 Mar, 2006 Court of Chancery Finds Breach of Oral Contract Regarding Executive Compensation and Breach of Fiduciary Duty By Morris James LLP Carlson v. Hallinan, C.A. Nos. 19808, 19466, 2006 WL 771722 (Del. Ch. Mar. 21, 2006). This case involved a direct and derivative action...
17 Mar, 2006 Court of Chancery Dismisses Derivative Action for Failure to Establish Demand Futility By Morris James LLP Highland Legacy Ltd. v. Singer, C.A. No. 1566-N, 2006 WL 741939 (Del. Ch. Mar. 17, 2006). A large shareholder brought a derivative action...
15 Mar, 2006 District Court Denies Motion to Dismiss Declaratory Judgment Action for Lack of Jurisdiction and Failure to Allege Controversy of Sufficient Immediacy By Morris James LLP Shamrock Holdings of Ca., Inc. v. Arenson, C.A. No. 04-1335-SLR, 2006 U.S. Dist. LEXIS 9835 (D. Del. Mar. 14, 2006) Plaintiff Shamrock...
14 Mar, 2006 Court of Chancery Finds Violation of GAAP Claim Subject to Arbitration Because Claim was Actually Breach of Warranty and Representation By Morris James LLP OSI Systems, Inc. v. Instrumentarium Corp., C.A. No. 1374-N, 2006 WL 656993 (Del. Ch. Mar. 14, 2006). In this case, plaintiff buyer and...
10 Mar, 2006 The Court of Chancery Determines the Membership and Future of a LLC Using a "Substance over Form" Approach By Morris James LLP In re Grupo Dos Chiles, LLC, C.A. No. 1447-N, 2006 WL 668443 (Del. Ch. Mar. 10, 2006). This case involved a dispute over the membership...
10 Mar, 2006 Court of Chancery Dismisses De Facto Dividend Claim Because Disguised as Improperly Pled Claim of Self-Dealing By Morris James LLP Horbal v. Three Rivers Holdings, Inc., C.A. No. 1273-N, 2006 WL 668542 (Del. Ch. Mar. 10, 2006). Plaintiffs, founders of a Health...
09 Mar, 2006 District Court Dismisses Class Action Alleging Federal Securities Laws Violations and State Breach of Fiduciary Duty Claim By Morris James LLP Hartman v. Pathmark Stores, Inc., C.A. No. 05-403-JJF, 2006 U.S. Dist. LEXIS 9349 (D. Del. Mar. 8, 2006) Plaintiff filed a class action...
08 Mar, 2006 Court of Chancery Uses Contract Interpretation Principles to Determine Rights of Bondholder Against Borrower By Morris James LLP Cypress Associates, LLC v. Sunnyside Congregation Associates Project, C.A. No. 1607-N, 2006 WL 668441 (Del. Ch. Mar. 8, 2006). This case...
08 Mar, 2006 Director Liability and Its Effect on Corporate Governance Reform By Morris James LLP ABA Section of Business Law, Spring Meeting - Tampa, FL4/7/2006 2:30 PM Lewis H. Lazarus, a partner in the Corporate and Fiduciary and...
08 Mar, 2006 Court of Chancery Uses Contract Interpretation Principles to Determine Rights of Bondholder Against Borrower By Morris James LLP Cypress Associates, LLC v. Sunnyside Congregation Associates Project, C.A. No. 1607-N, 2006 WL 668441 (Del. Ch. Mar. 8, 2006). This case...