19 Dec, 2008 Court of Chancery Approves Opt Out Settlement By Morris James LLP Marie Raymond Revocable Trust v. MAT Five LLC, C.A. 3843-VCL (Del. Ch. Dec. 19, 2008) This decision has a good summary of the law...
11 Dec, 2008 Court of Chancery Upholds Post Merger Arbitration By Morris James LLP Aveta Inc. v. Bengoa, C.A. 3598-VCL (Del. Ch. Dec. 11, 2008) It is now common to provide for post merger payouts and the arbitration of...
11 Dec, 2008 Court of Chancery Interprets LLC Exculpation Clause By Morris James LLP Kahn v. Portnoy, C.A. 3515-CC (Del. Ch. Dec. 12, 2008) This important decision illustrates how hard it is to make an LLC agreement cover...
05 Dec, 2008 Court of Chancery Refuses to Impose Costs on Proxy Loser By Morris James LLP TravelCenters of America v. Brog, C.A. 3751-CC (Del. Ch. Dec. 5, 2008) In this unusual case, the LLC sought to require the loser of a...
26 Nov, 2008 Court of Chancery Rejects Settlement By Morris James LLP Off v. Ross, C.A. 3468-VCP (Del. Ch. Nov. 26, 2008) The Court of Chancery rejected the proposed settlement of this derivative suit for...
24 Nov, 2008 District Court Awards Punitive Damages Based in Part on Discovery Abuse, Denies Attorneys' Fees for Inadequate Proof By Morris James LLP Christ v. Cormick, 2008 WL 4889127 (D. Del. Nov. 10, 2008) In this opinion the Court sanctioned the defendant’s conduct, including...
21 Nov, 2008 Court of Chancery Denies Jurisdiction Over Stock Appreciation Rights Suit By Morris James LLP Testa v. Nixon Uniform Service, Inc., C.A.3886-VCS (Del. Ch. Nov. 21, 2008) In a novel attempt to invoke the jurisdiction of the Court of...
07 Nov, 2008 Court of Chancery Clarifies Statutory Trust Law By Morris James LLP Cargill, Incorporated v. JWH Special Circumstance LLC, C.A. 3234-VCP (Del. Ch. Nov. 7, 2008) In this major opinion, the Court of Chancery...
28 Oct, 2008 Court of Chancery Denies Stay in Merrill Lynch Case By Morris James LLP County of York Employees Retirement Plan v. Merrill Lynch & Co., Inc., C.A. 4066-VCN (Del. Ch. Oct. 28, 2008) In this decision, the Court...
22 Oct, 2008 Court of Chancery Applies Statute of Frauds to LLC Agreement By Morris James LLP Brian T. Olson v. O. Andreas Halvrosen, C.A. 1884-VCL (Del Ch. Oct. 22, 2008) This decision invalidates a provision in an unsigned LLC...
22 Oct, 2008 The Delaware "Bad Faith" Dilemma: The Problem And A Possible Solution By Morris James LLP IntroductionA recent Delaware Court of Chancery decision has generated much discussion over whether disinterested directors may be held...
21 Oct, 2008 District Court Finds Indemnity Provision Repugnant to Delaware Public Policy, Refuses to Enforce By Morris James LLP Kempski v. Toll Bros., Inc., 2008 WL 4642633 (D. Del. Oct. 21, 2008) In this opinion, the District Court reinforced Delaware’s law that...
14 Oct, 2008 Court of Chancery Affirms Limitations Period for Dissolved Entity By Morris James LLP In the Matter of Dow Chemical International Inc. of Delaware, C.A. 3972-CC (Del. Ch. Oct. 14, 2008) This decision has a good outline of...
29 Sep, 2008 Court of Chancery Upholds Merger Agreement By Morris James LLP Hexion Specialty Chemicals Inc. v Huntsman Corp., C.A. 3841-VCL (Del. Ch. Sept. 29, 2008) This ninety-one page opinion is must reading on...
23 Sep, 2008 Court of Chancery Denies Application for Receiver By Morris James LLP Weir v. JMACK Inc., C.A. 3263-CC (Del. Ch. Sept. 23, 2008) This decision repeats the settled Delaware law that the Court of Chancery will...
23 Sep, 2008 Court of Chancery Refuses Dissolution of LLC By Morris James LLP In re Seneca Investment LLC, C.A. 3624-CC (Del. Ch. Sept. 23, 2008) This decision applies the corporate law rule that the Court of...