21 Dec, 2007 Court of Chancery Explains Contract Interpretation Rules By Morris James LLP United Rentals Inc v. RAM Holdings Inc. C.A. No. 3360-CC (December 12 and 21, 2007). In these two decisions the Court of Chancery sets...
20 Dec, 2007 Court of Chancery Upholds Statute of Repose for Dissolved Corporations By Morris James LLP The Territory Of The Virgin Islands v. Goldman, Sachs & Co., C.A. No. 2505-VCS (December 20, 2007). This decision upholds the law that...
18 Dec, 2007 Court of Chancery Explains Scope of Arbitration Agreement By Morris James LLP Brown v. T-Ink, LLC ,C.A. No. 3190-VCP (December 18, 2007) Delaware courts have recently issued several decisions dealing with the scope...
13 Dec, 2007 Court of Chancery Holds Board Meeting Is Void By Morris James LLP Fogel v. U.S. Energy Systems, Inc., C.A. No. 3271-CC (December 13, 2007). Directors often think that if they get together that is a real...
13 Dec, 2007 Superior Court: Equitable Counterclaim Does Not Equal Ticket to Chancery By Morris James LLP Rembrandt Technologies, LP v. Harris Corp., 2007 WL 4237752 (Del. Super. Nov. 30, 2007). This decision demonstrates the willingness of...
30 Nov, 2007 Court of Chancery Dismisses Merger Claims By Morris James LLP Globis Partners LP v. Plumtree Software, Inc., C.A. No. 1577-VCP (November 30, 2007). This decision explains why some attacks on a merger...
27 Nov, 2007 Court of Chancery Upholds Jurisdiction Over Nonresident Attorney By Morris James LLP Sample v. Morgan, C.A. No. 1214-VCS (November 27, 2007). In this major decision, the Court of Chancery has upheld its jurisdiction over a...
26 Nov, 2007 Superior Court Holds Date-of-Discovery Rule Doesn't Toll Statute of Limitations in Legal Malpractice Action By Morris James LLP Boerger v. Heiman, 2007 WL 3378667 (Del. Super. Oct. 31, 2007) The three-year statute of limitations under 10 Del. C. ยง 8106, which...
26 Nov, 2007 Supreme Court: When Standing is Closely Related to Merits, 12(b)(6) Applies, Not 12(b)(1) By Morris James LLP Appriva Shareholder Litig. Co., LLC v. EV3, Inc., -- A.2d --, 2007 WL 3208783 (Del. Nov. 1, 2007) Deciding whether a motion to dismiss...
22 Nov, 2007 Court of Chancery Limits Jurisdiction Over Officers By Morris James LLP Ryan v. Gifford, C.A. No. 2213-CC (November 21, 2007). In 2003, Delaware amended its long arm statute to cover corporate officers who...
21 Nov, 2007 Court of Chancery Extends Books and Records Inspection By Morris James LLP Melzer v. CNET Networks, Inc., C.A. No. 3023-CC (November 21, 2007). The scope of inspection rights may be affected by when a stockholder...
20 Nov, 2007 Court of Chancery Holds Advancement Lost Despite Conversion By Morris James LLP Bernstein v. Tractmanager Inc., C.A. No. 7263-VCL (November 20, 2007). This decision illustrates the perils in converting from an LLC to...
15 Nov, 2007 Supreme Court Upholds Preferred Stock Provision By Morris James LLP Hildreth v. Castle Dental Centers, Inc., Del. Sup. C.A. No. 195, 2007 (November 15, 2007). A tricky issue arises when a defective...
09 Nov, 2007 Superior Court: No Ambiguity, No Extrinsic Evidence, No Dice By Morris James LLP Dubuque v. Taylor, 2007 WL 3106451 (Del. Super. Oct. 1, 2007) This case demonstrates that a Delaware court will not consider extrinsic...
08 Nov, 2007 Court of Chancery Upholds Objective Theory of Contract Interpretation By Morris James LLP Seidensticker v. The Gasparilla Inn Inc., C.A. No. 2555-CC (November 8, 2007). In this decision, the Court of Chancery has once again...
02 Nov, 2007 District Court Finds No Ambiguity or Third Party Beneficiary Status, Grants Motion for Summary Judgment By Morris James LLP MBIA Ins. Corp. v. Royal Indem. Co., 2007 WL 3125319 (D.Del. Oct. 25, 2007) In this opinion the District Court resolved cross-motions for...