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Author Archives: delawarelitigator
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
Posted in Uncategorized
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SCOTUS DEFINES BOUNDARIES OF FAIR DEBT COLLECTION PRACTICES ACT
In his first written opinion, Justice Gorsuch wrote on behalf of a unanimous Court that the Fair Debt Collection Practices Act does not apply to entities that purchase the debts of others and attempt to collect for themselves. CitiFinancial Auto … Continue reading
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United States Supreme Court Issues Much Anticipated TC Heartland LLC v. Kraft Foods Group Brands LLC Decision
This morning, the United States Supreme Court decided a matter that will likely have a significant impact on Delaware. In TC Heartland LLC v. Kraft Foods Group Brands LLC Decision, the Court concluded that most patent infringement lawsuits can only … Continue reading
Cooch and Taylor Obtains Summary Judgment for its Clients on Trade Secret Claims
Cooch and Taylor continues to lead in the field of trade secret law in Delaware. On April 20, 2017, Delaware Superior Court Judge Butler granted partial summary judgment in favor of Cooch and Taylor’s clients, Defendants Gastroenterology Associates P.A., Thomas … Continue reading
Posted in Delaware Superior Court
Tagged summary judgment, superior court, Trade secrets
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Attorneys – Will Workers’ Compensation Cover Your Softball Injury?
In the case of Morris James LLP v. Weller, the Superior Court reversed and remanded the findings of the Industrial Accident Board (the “Board”), holding that the Board applied the incorrect legal standard in finding a softball related injury was … Continue reading
Posted in Delaware Superior Court
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Standard of Review for Executive Compensation Awards: In Re Investors Bancorp, Inc. Stockholder Litigation
In the case of In Re Investors Bancorp, Inc. Stockholder Litigation, stockholders filed a derivative complaint on behalf of Investors Bancorp, Inc. (the “Company”) alleging directors breached their fiduciary duties in awarding themselves grossly excessive awards under the Equity Incentive … Continue reading
Posted in Delaware Court of Chancery
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Superior Court Decides Insurance Coverage Dispute Concerning Dole Stockholder Settlement
The Delaware Superior Court recently decided Arch Insurance Company v. Murdock, Del. Super. C.A.N16C-01-104 EMD CCLD. Six Directors and Officers Liability excess insurers (“Insurers), sought a declaration that they did not have to fund an underlying settlement due to Defendants’ … Continue reading
Posted in Delaware Superior Court
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Charging Liens: The Type of Fee Agreement Matters
On appeal from the Court of Chancery, the Delaware Supreme Court addressed whether and to what extent a charging lien may be imposed on a judgment to recover unpaid attorney’s fees. In the case at bar, Katten Muchin Rosenman LLP … Continue reading