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Author Archives: delawarelitigator
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
Posted in Delaware Court of Chancery
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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
Posted in Delaware Court of Chancery
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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
Posted in Uncategorized
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Contracting Away the Corporate Opportunities Doctrine
The Delaware Court of Chancery in a recent opinion explained how companies may contract away the duty of loyalty and the corporate opportunities doctrine and how those provisions limit the Court’s power in finding or remedying a breach. In Alarm.com … Continue reading
Posted in Uncategorized
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Court of Chancery Addresses Availability of Appraisal Rights
City of North Miami Beach General Employees’ Retirement Plan Et al. v. Dr. Pepper Snapple Group, Inc. Et al. Dr. Pepper’s stockholders initiated this litigation due to their purported inability to exercise appraisal rights pursuant to Section 262 of the … Continue reading
Forum Non Conveniens Denial Does Not Warrant Interlocutory Appeal
In Lincoln Benefit v. Wilmington Trust, the Superior Court determined that the denial of a Motion to Dismiss based on forum non conveniens did not warrant an interlocutory appeal. Lincoln filed a declaratory judgment action against Wilmington Trust seeking to … Continue reading
The Coleman Analysis Applies to Untimely Expert Reports
In Kent v. The Dover Ophthalmology, et al., the Superior Court recently clarified the appropriate standard in reviewing a party’s motion to file untimely expert reports. The Defendants sought to file an untimely supplemental expert report after the Court excluded … Continue reading
Posted in Delaware Superior Court
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Forum Non Conveniens and an Alternate Forum
In a set of consolidated appeals originating from personal injuries allegedly sustained by Argentinian farmers and their children due to the mandatory use of Roundup in tobacco cultivation, the Delaware Supreme Court addressed a singular question – “whether the trial … Continue reading
Posted in Uncategorized
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Deposition Transcripts and Errata Sheets
Vice Chancellor Slights recently addressed the appropriate course of action when a party challenges substantive changes to a deposition transcript made through the use of an errata sheet. In Mediacom Delaware LLC v. Sea Colony Recreational Association, Inc., Sea Colony … Continue reading
Posted in Delaware Court of Chancery
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The Middle Ground of Forum Non Conveniens
The Delaware Supreme Court recently affirmed but clarified an opinion out of the Court of Chancery addressing dismissal based on forum non conveniens in the case of Gramercy Emerging Markets Fund, et al. v. Allied Irish Banks, P.L.C., et al. … Continue reading
Posted in Delaware Supreme Court
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