30 Mar, 2022 Chancery Dismisses Complaint Against LLC Directors Based on Specific Terms of the Operating Agreement and Laches By Albert H. Manwaring IV Bryan Townsend K. Tyler O'Connell Erisman v. Zaitsev, C.A. No. 2020-0903-JRS (Del. Ch. Dec. 29, 2021) Under Delaware law, parties to limited liability company agreements...
30 Mar, 2022 Delaware Supreme Court Permits Substitution of Bankruptcy Trustee as Plaintiff to Resolve “Procedural Conundrum” By Lewis H. Lazarus R. Eric Hacker K. Tyler O'Connell Lenois v. Lawal, No. 33, 2021 (Del. Dec. 9, 2021) A company’s bankruptcy filing during an appeal of a dismissal of a derivative action...
30 Mar, 2022 Non-Resident Asset Managers Found Not To Be “Acting Managers” Subject To Personal Jurisdiction Under Delaware LLC Act By Lewis H. Lazarus R. Eric Hacker K. Tyler O'Connell Dlayal Holdings, Inc. v. Gracey, C.A. 2020-1070-LWW (Del. Ch. Dec. 27, 2021) Under 6 Del. C. § 18-109(a), serving as the manager of a...
29 Mar, 2022 Chancery Dismisses Derivative Action Arising from $1.2 Billion Stock Sale Based on Plaintiffs’ Failure to Plead Demand Futility By Albert H. Manwaring IV Bryan Townsend K. Tyler O'Connell In re Kraft Heinz Co. Deriv. Litig., Cons. C.A. No. 2019-0587-LWW (Del. Ch. Dec. 15, 2021) The Court of Chancery dismissed an...
26 Mar, 2022 Chancery Issues Preliminary Injunction To Bar Arbitration on the Grounds that no Agreement was Formed By Albert H. Manwaring IV Bryan Townsend Hologram, Inc. v. Caplan, C.A. No. 2021-0736-KSJM (Del. Ch. Dec. 14, 2021) The Court of Chancery issued a preliminary injunction barring...
25 Mar, 2022 Chancery Finds Lack of Personal Jurisdiction Over Delaware Corporate Officers Based on Due Process Considerations By Albert J. Carroll Kirsten A. Zeberkiewicz In re Bam International, LLC v. The MSBA Group Inc., C.A. No. 2021-0181-SG (Del. Ch. Dec. 14, 2021) Two officers of a Delaware...
25 Mar, 2022 Chancery Defers Substantive Arbitrability Question to Arbitrator By Albert J. Carroll Kirsten A. Zeberkiewicz Hagler v. Evolve Acquisition LLC, et al., C.A. No. 2021-0431-SG (Del. Ch. Dec. 28, 2021) A party to a purchase agreement filed an...
25 Mar, 2022 Court of Chancery Holds That Exclusive Remedy Provisions Alone Are Not Enough to Bar Fraud Claims Based on Extra-Contractual Statements By Barnaby Grzaslewicz K. Tyler O'Connell Fortis Advisors LLC v. Johnson & Johnson, C.A. No. 2020-0881-LLW(Del. Ch. Dec. 13, 2021) Delaware public policy respects freedom of...
17 Mar, 2022 You’ve Been Injured in a Car Accident. Now What? 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 It is a sad fact of life that people are injured in car accidents every day on Delaware roads. The U.S. Department of Transportation’s...
08 Mar, 2022 Chancery Revived a Dismissed Claim after Discovery Revealed a Desire for Liquidity that Resulted in a Divergent Interest in M&A Sale Process By Albert H. Manwaring IV K. Tyler O'Connell Bryan Townsend A desire for liquidity can result in a divergent interest sufficient to plead fiduciary duty claims against a defendant protected by an...
08 Mar, 2022 Morris James Welcomes New Associate to Injury Law Practice By Kevin G. Healy Justin K. Weeks Morris James is pleased to announce the addition of Justin Weeks as an Associate in the firm’s Injury Law practice. Justin focuses his...
07 Mar, 2022 Birth Injury FAQs By Joshua H. Meyeroff Ryan T. Keating What is a birth injury? A birth injury is an injury to a mother or baby that occurs before, during, or shortly after childbirth. Serious...
07 Mar, 2022 Delaware Supreme Court Affirms that Seller’s Change of Business Operations in Response to the COVID-19 Pandemic Excused Buyer’s Obligation to Close By K. Tyler O'Connell Barnaby Grzaslewicz AB Stable VIII LLC v. Maps Hotels and Resorts One LLC, No. 71-2021 (Del. Dec. 8, 2021)This Supreme Court decision affirms the Court of...
03 Mar, 2022 What Should You Do if You are Injured by a Dog Bite in Delaware? By Susan D. Ament Clayton E. Bunting Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Ross C. Karsnitz Kevin G. Healy +4 more... Show less Dogs are a huge part of American society. According to the 2021-2022 APPA National Pet Owners Survey, 69 million U.S. households have a...
02 Mar, 2022 Chancery Strictly Applies Statutory Standing Requirement to Dismiss Books and Records Action by Former Stockholder By K. Tyler O'Connell Bryan Townsend (Previously published in ABA's Business Law Today) Swift v. Houston Wire & Cable Co., C.A. No. 2021-0525-LWW (Del. Ch. Dec. 3, 2021) In...