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Author Archives: delawarelitigator
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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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
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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
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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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Court of Chancery Holds Business Judgment Protections Announced in Kahn v. M&F Worldwide Corp. Extends to Conflicted One-Side Controller Transactions
Stockholders of Martha Stewart Living Omnimedia, Inc. (MSLO) brought suit in the Court of Chancery against Martha Stewart, alleging that Stewart, as controlling stockholder of MSLO breached her fiduciary duties by negotiating greater consideration for herself to the detriment of … Continue reading
Posted in Delaware Court of Chancery
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UNITED STATES SUPREME COURT FURTHER LIMITS GENERAL PERSONAL JURISDICTION
In 3 recent opinions, the United States Supreme Court has undeniably confirmed that general jurisdiction is only appropriate in a forum where a defendant is either incorporated or headquartered (aka, “at home”). These decisions come on the heels of the … Continue reading
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