30 Sep, 2020 Chancery Dismisses Claim for Breach of Fiduciary Duty Where Parties’ Commercial Relationship Was One of Ordinary Care By R. Eric Hacker K. Tyler O'Connell Nieves v. Insight Building Co., LLC, C.A. No. 2019-0464-SG (Del. Ch. Aug. 4, 2020) The Court of Chancery used an unlikely vehicle — a...
29 Sep, 2020 Is the driver of the rear vehicle always at fault in a rear-end car accident case? By Susan D. Ament Clayton E. Bunting Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Kevin G. Healy Ross C. Karsnitz Michael G. Owen +5 more... Show less When a car and the vehicle in front of it collide, resulting in a rear-end accident, the prevailing wisdom is that the driver of the...
26 Sep, 2020 What types of cases does your law firm handle? By Susan D. Ament Clayton E. Bunting Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Kevin G. Healy Ross C. Karsnitz Michael G. Owen +5 more... Show less While some law firms handle cases from a broad range of seemingly unrelated practice areas, the Morris James Personal Injury Group offers...
25 Sep, 2020 Chancery Holds That Management Does Not Have Unilateral Authority to Preclude a Director From Obtaining the Company’s Privileged Information By K. Tyler O'Connell In Re WeWork Litig., Consol. C.A. No. 2020-0258-AGB (Del. Ch. Aug. 21, 2020) In October 2019, The We Company’s (the “Company”) board of...
21 Sep, 2020 Chancery Holds Statutory Rights to Inspect Books and Records of a Delaware Corporation are Subject to the Internal Affairs Doctrine By Albert H. Manwaring IV Bryan Townsend K. Tyler O'Connell JUUL Labs, Inc. v. Grove, C.A. No. 2020-0005-JTL (Del. Ch. Aug. 13, 2020) Stockholder inspection rights are a core matter of the...
21 Sep, 2020 The Statute Of Limitations For Filing A Wrongful Death Lawsuit In Delaware By Susan D. Ament Clayton E. Bunting Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Kevin G. Healy Ross C. Karsnitz Michael G. Owen +5 more... Show less When a loved one is killed in a negligence-related incident caused by someone else's negligence, surviving members only have a short...
17 Sep, 2020 Chancery Rules Failure to Disclose “Intrinsic Value” Precludes Corwin Defense – But Does Not Necessarily Suggest a Breach of the Duty of Loyalty By K. Tyler O'Connell Delaware Business Court Insider In In re USG Corp. S’holder Litig., 2020 WL 5126671 (Del. Ch. Aug. 31, 2020), the Court of Chancery...
16 Sep, 2020 Chancery Rules Failure to Disclose “Intrinsic Value” Precludes Corwin Defense – But Does Not Necessarily Suggest a Breach of the Duty of Loyalty By K. Tyler O'Connell In In re USG Corp. S’holder Litig., 2020 WL 5126671 (Del. Ch. Aug. 31, 2020), the Court of Chancery granted the director-defendants’...
14 Sep, 2020 Chancery Dismisses Caremark Claims Against Metlife Board By Albert J. Carroll In re Metlife Inc. Derivative Litigation, Consol. C.A. No. 2019-0452-SG (Del. Ch. Aug. 17, 2020) Shareholders seeking relief for alleged...
09 Sep, 2020 Understanding COVID-19 Grants from Delaware Division of Small Business By Nicole C. Freedman Small businesses and non-profits in Delaware that were impacted by the COVID-19 pandemic are eligible for up to $100,000 as part of the...
08 Sep, 2020 CCLD Applies Anti-Reliance Provisions, Dismisses Buyer’s Fraud Claims By Lewis H. Lazarus K. Tyler O'Connell Infomedia Group, Inc. v. Orange Health Solutions Inc., C.A. No. N19C-10-212 AML CCLD (Del. Super. Ct. July 31, 2020) This case is a...
08 Sep, 2020 Chancery Denies Sellers’ Request for Dismissal, Finding That Fraud Claims Were Timely Filed and Properly Pled By P. Clarkson Collins Jr. Kirsten A. Zeberkiewicz K. Tyler O'Connell Agspring Holdco, LLC v. NGP X US Holdings, L.P., C.A. No. 2019-0567-AGB (Del. Ch. July 30, 2020) This opinion concerns a buyer’s attempt...
08 Sep, 2020 Delaware Supreme Court Affirms Decision Declining to Order Stockholder Meeting Under Section 211 of the DGCL By Albert J. Carroll Spanakos v. Pate, C.A. No. 532, 2019 (Del. July 31, 2020)The Court of Chancery may summarily order a stockholder meeting to be held to...
08 Sep, 2020 Factors That Can Affect Your Settlement Value in a Personal Injury Case By Susan D. Ament Clayton E. Bunting Keith E. Donovan Wilson A. Gualpa Kevin G. Healy Ross C. Karsnitz Michael G. Owen +4 more... Show less It’s only natural to wonder what is the settlement value for personal injury in Delaware. What can you realistically expect to receive in...
04 Sep, 2020 Chancery Determines Validity of LLC Ownership Following Fraud and Deceit in Cross-Border Control Dispute By Albert H. Manwaring IV Bryan Townsend Albert J. Carroll Lynch v. Gonzalez, C.A. No. 2019-0356-MTZ (Del. Ch. July 31, 2020) Disputes over control of a Delaware limited liability company can turn...
04 Sep, 2020 Chancery Rejects Bid to Jettison USACafes and its Holding That the Controllers of a Corporate General Partner Owe Fiduciary Duties By R. Eric Hacker K. Tyler O'Connell Fannin v. UMTH Land Development, L.P. (In re: United Development Funding III, L.P.), C.A. No. 12541-VCF (Del. Ch. Jul. 31, 2020). The...