Author Archives: delawarelitigator

Fitbit Inc. Interlocutory Appeal Denied

The Court of Chancery (“Court”) first recited thr standard for granting an interlocutory appeal.  Interlocutory appeals are the exception, not the norm because they disrupt the normal procession of litigation.  The Court should first identify whether the decision being appealed … Continue reading

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Allegations of Insider Trading Amongst Fitbit’s Board of Directors

Fitbit Inc. has found itself in the midst of a shareholder derivative suit alleging the company’s board engaged in insider trading and improper conduct surrounding the 2015 IPO, lock-up agreements, and Secondary Offering after the Court of Chancery denied Fitbit’s … Continue reading

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Judicial Dissolution of a Delaware Limited Liability Company

In Decco U.S. Post-Harvest, Inc., v. Mirtech, Inc., C.A. No.2018-0100-JTL (Del. Ch. Nov. 28, 2018), the Court of Chancery was again called on to determine if judicial dissolution of an LLC with two deadlocked managers was appropriate. The Court held … Continue reading

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Delaware Superior Court Addresses Competing Arbitration Clauses

On November 9, 2018, Judge Carpenter of the Delaware Superior Court issued the Court’s opinion denying Toll Brothers, Inc.’s motion to dismiss homeowners Frederick and Connie Wang’s complaint, thus allowing all six counts of the Wang’s claims against their builder … Continue reading

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Equitable Counterclaims in Courts of Law

In the early stages of the American legal system, most state judiciaries were separated into two types of courts – courts of law and courts of equity.  An action at law is an action typically for money damages such as … Continue reading

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Delaware Gun Restrictions Held Unconstitutional

In Delaware State Sportsmen’s Association and the Bridgeville Rifle and Pistol Club v. Delaware Department of Natural Resources and Environmental Control and Delaware Department of Agriculture, C.A. K18C-05-047-JJC (Del. Super. Oct. 11, 2018), Plaintiffs challenged new regulations issued in light … Continue reading

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Requests for Admissions – What Must You Admit?

In In Re: Asbestos Litigation (Stewart), the sole remaining Defendant in the case filed Requests for Admission (“RFA”) directed to the Plaintiff.   All 22 RFAs sought admissions related to Drillings Specialties Company (“DSC”), which allegedly sold asbestos containing products that … Continue reading

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Demand Futility and the Newark Country Club

In Jennifer L. Stritzinger v. Dennis Barba et al., Stritzinger, a non-dues-paying member of nominal defendant Newark Country Club (the “Club”) brought derivative claims against the twelve members of the Club’s board of directors (the “Board”) for breach of fiduciary … Continue reading

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Calculating the Appropriate TRO Bond Amount

In Applied Energetics, Inc. v. George Farley and AnneMarieCo., LLC, CA No. 2018-0489-TMR, the Vice Chancellor addressed the appropriate bond the Plaintiff must post in connection with a preliminary injunction.  Court of Chancery Rule 65(c) requires that any applicant seeking … Continue reading

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The Delaware Keno Lottery Goes Awry

In Brookings, et al. v. Kirk, et al., three Plaintiffs brought claims against the Director of the Delaware Lottery, the Delaware Lottery, and the State of Delaware alleging that Defendants refused to honor Plaintiffs’ seven Keno Lottery tickets, each worth … Continue reading

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