25 Aug, 2006 Court of Chancery Holds Dividends May Not Be Forced By Morris James LLP Superior Vision Services, Inc. v. Reliastar Life Insurance Company, C.A. No. 1668-N (Del. Ch. August 25, 2006). This decision answers...
24 Aug, 2006 Supreme Court Clarifies Tooley By Morris James LLP Gentile v. Rossette, C.A. No. 573, 2005 (Del. Supr. August 17, 2006). This Delaware Supreme Court decision significantly clarifies the...
24 Aug, 2006 Delaware Supreme Court Affirms Chancery Court Ruling that Preferred Stock Was Properly Issued By Morris James LLP Benihana of Tokyo, Inc. v. Benihana, Inc., No. 36, 2006, 2006 WL 2465412 (Del. Aug. 24, 2006). The Delaware Supreme Court affirmed...
24 Aug, 2006 Superior Court Dismisses Suit by Corporation Representing Former Shareholder for Lack of Standing By Morris James LLP Appriva Shareholder Litigation Co. v. ev3, Inc., C.A. No. 05C-11-208 JOH, 2006 WL 2555348 (Del. Super. Ct. Aug. 24, 2006). Plaintiff...
23 Aug, 2006 Court of Chancery Interprets DRULPA By Morris James LLP Hillman v. Hillman, C.A. No. 1557-N (Del. Ch. August 23, 2006, modified,November 16, 2006). When a general partner is dismissed as the...
23 Aug, 2006 Superior Court Resolves Contract Dispute Arising Out of Separated Ophthalmology Practice By Morris James LLP Moore v. O'Conner, C.A. No. 01C-02-103 MJB, 2006 WL 2442027 (Del. Super. Ct. Aug. 23, 2006). Doctor sued former colleague for money...
22 Aug, 2006 Superior Court Holds Alleged Oral Employment Agreement Unenforceable Under Statute of Frauds By Morris James LLP Aurigemma v. New Castle Care LLC, C.A. No. 05C-04-113 MJB, 2006 WL 2441978 (Del. Super. Ct. Aug. 22, 2006). Plaintiff sued defendant...
22 Aug, 2006 Court of Chancery Interprets Charter for Preferred Stock By Morris James LLP Blue Chip Capital Fund II Limited Partnership v. Tuberger, C.A. No. 1611-N (Del. Ch. August 22, 2006). The Court of Chancery frequently...
18 Aug, 2006 Court of Chancery Awards Both Appraisal And Equitable Relief By Morris James LLP In re PNB Holding Co. Shareholders Litigation, C.A. No. 28-N (Del. Ch. August 18, 2006). As it has several times in recent years, the...
17 Aug, 2006 Court of Chancery Rejects Deepening Insolvency Theory By Morris James LLP Trenwick America Litigation Trust v. Ernst & Young LLP, C.A. No. 1571-N, 2006 WL 2333201 (Del. Ch. Aug. 10, 2006). The Delaware courts...
17 Aug, 2006 Court of Chancery Awards Fees For Bad Faith By Morris James LLP In re Grupo Dos Chiles LLC, C.A. No. 1447-N (Del. Ch. August 17, 2006). In a rare case awarding fees for bad faith litigation, the Court...
09 Aug, 2006 Court of Chancery Denies Stay In Books and Records Case By Morris James LLP Wynnefield Partners Small Cap Value L.P. v. Niagara Corp., C.A. 1261-N, 2006 WL __________ (Del. Ch. Aug. 9, 2006). The normal rule in a...
04 Aug, 2006 Court of Chancery Expands Duty To Act in Good Faith By Morris James LLP Horizon Personal Communications, Inc. v. Sprint Corp., C.A. No. 1518-N, 2006 WL 2337592 (Del. Ch. Aug. 4, 2006). There is no duty that is...
04 Aug, 2006 Delaware Recognizes New Defense to Contract Claims By Morris James LLP In what the Court itself noted is an unprecedented decision for Delaware, the Delaware Superior Court has ruled that a defendant in a...
03 Aug, 2006 Court of Chancery Sustains Complaint Attacking Settlement By Morris James LLP Kosseff v. Ciocia, C.A. No. 188-N, 2006 WL 2337593 (Del. Ch. Aug. 3, 2006). In this decision, the Court dealt with a complaint attacking...
02 Aug, 2006 Court of Chancery Upholds Advance Notice Bylaw By Morris James LLP Acciptier Life Sciences Fund L.P. v. Helfer, C.A. No. 2057-N, 2006 WL 2252376 (Del. Ch. Aug. 2, 2006). The Court of Chancery has upheld...