26 Jul, 2021 FiberCel Bone Graft Recall: “Tormented” Tuberculosis-Infected Michigan Army Veteran Shares His Story By Morris James LLP Michigan Army veteran Randy Day shares his story of being diagnosed with tuberculosis that was contracted from the implantation of now...
22 Jul, 2021 Superior Court Upholds Claims that Entities Transferred Funds in Violation of Agreements with Creditor By Albert H. Manwaring IV K. Tyler O'Connell Bryan Townsend CIBC Bank USA v. JH Portfolio Debt Equities, LLC, C.A. No. N18C-07-130 EMD CCLD (Del. Super. June 2, 2021) Plaintiff CIBC Bank USA...
21 Jul, 2021 The Court of Chancery Provides Guidance on Whether Deprivation of an LLC Member’s Contractual Right to Vote Provides a Direct or Derivative Claim By P. Clarkson Collins Jr. Delaware Business Court Insider The derivative suit concept so familiar in the corporate context has been grafted onto the limited...
20 Jul, 2021 Chancery Finds that Deal-Price-Less-Synergies was Best Indicator of Fair Value in Statutory Appraisal of Public Company By Albert H. Manwaring IV Bryan Townsend K. Tyler O'Connell In re Appraisal of Regal Entertainment Grp., C.A. No. 2018-0266-JTL (Del. Ch. May 13, 2021) Recent Delaware appraisal cases have found...
20 Jul, 2021 Clean-Up Doctrine to Adjudicate Legal Claims in Chancery May Take Precedence Over Request for Jury Trial By Albert H. Manwaring IV Bryan Townsend Albert J. Carroll Firststring Research, Inc. v. JSS Medical Research Inc., C.A. No. 2020-0332-KSJM (Del. Ch. May 28, 2021)Delaware has not merged its...
16 Jul, 2021 Will Homeowners’ Insurance Cover a Boating Accident? By Susan D. Ament Clayton E. Bunting Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Kevin G. Healy Michael G. Owen Ross C. Karsnitz +5 more... Show less As the summer kicks off, many people are getting out on the Delaware waterways and oceanfront in kayaks, jetskis, speedboats, and other...
15 Jul, 2021 International Institute for Conflict Prevention and Resolution Names Lewis Lazarus as a Distinguished Neutral By Lewis H. Lazarus Partner Lewis Lazarus has been named a Distinguished Neutral for arbitrations and mediations by the International Institute for Conflict...
13 Jul, 2021 Chancery Reasons That Board’s Decision to Address Alleged “Red Flags” Related to Pending Litigation is Not Bad Faith for Caremark Purposes By Barnaby Grzaslewicz K. Tyler O'Connell Pettry v. Smith et al., C.A. No. 2019-0796-JRS (Del. Ch. June 28, 2021) As discussed in Caremark and its progeny, fiduciary duties...
13 Jul, 2021 Superior Court Examines Choice of Law Principles For Mixed Contractual and Non-Contractual Claims By Albert J. Carroll Arkray America, Inc. v. Navigator Business Solutions, Inc., C.A. No. N20C-12-012 MMJ [CCLD] (Del. Super. June 9, 2021) Arkray, a Delaware...
12 Jul, 2021 Chancery Rejects Plaintiff’s Attempt to Recharacterize Pre-Suit Demands By R. Eric Hacker Lewis H. Lazarus K. Tyler O'Connell The Raj & Sonal Abhyanker Fam. Tr. v. Blake, C.A. No. 2020-0521-KSJM (June 17, 2021) Court of Chancery Rule 23.1 presents a would-be...
09 Jul, 2021 Delaware Supreme Court Explains Delaware’s Intermediate Forum Non Conveniens Standard Under Gramercy By Kirsten A. Zeberkiewicz Barnaby Grzaslewicz Albert J. Carroll GXP Capital, LLC v. Argonaut Manufacturing Services, Inc. et al., Nos. 247, 2020 and 248, 2020 (Del. May, 20, 2021)Delaware has three...
08 Jul, 2021 Chancery Dismisses Simultaneously-Filed Delaware Action in Favor of New Jersey Action By Lewis H. Lazarus R. Eric Hacker K. Tyler O'Connell Sweeney v. RPD Holdgs. Grp., LLC, C.A. No. 2020-0813-SG (Del. Ch. May 27, 2021) Delaware’s forum non conveniens jurisprudence typically...
07 Jul, 2021 Board Approval of Stock Sale for Purpose of Interfering with Stockholder Voting Rights Must Have a Compelling Justification By Albert H. Manwaring IV Coster v. UIP Companies, Inc., No. 49, 2020, --- A.3d ---- (Del. June 28, 2021) (Seitz, C.J.) The Delaware Supreme Court has recognized...
07 Jul, 2021 “Tormented” Tuberculosis-Infected Michigan Army Veteran By Dawn V. Sheiker Keith E. Donovan A Michigan Army veteran, possibly Michigan’s first confirmed case amid a national tuberculosis (TB) outbreak following surgery using...
07 Jul, 2021 Board Approval of Stock Sale for Purpose of Interfering with Stockholder Voting Rights Must Have a Compelling Justification By Albert H. Manwaring IV Delaware Business Court Insider The Delaware Supreme Court has recognized that the stockholder franchise is the “ideological underpinning...
02 Jul, 2021 Chancery Upholds Fiduciary Duty Claims Arising Out Of Deal Involving an Alleged Control Group That Included Non-Stockholders and a Sale Process By Albert J. Carroll In re Pattern Energy Grp. Inc. Stockholders Litig., C.A. No. 2020-0357-MTZ (Del. Ch. May 6, 2021) This decision mostly denying a motion...