Author Archives: delawarelitigator

Superior Court Judge Rocanelli Grants New Trial Because of Faulty Jury Instruction

In Lisowski, et al. v. Bayhealth Medical Center, Judge Rocanelli granted the Plaintiffs’ Motion for a New Trial in a medical negligence action.  After an eight day trial, the jury found that Bayhealth had committed medical negligence but that the … Continue reading

Posted in Delaware Superior Court | Leave a comment

DELAWARE’S WAGE PAYMENT AND COLLECTION ACT AND LIMITED LIABILITY COMPANIES: NO PERSONAL LIABILITY FOR MEMBERS

In a case defended by Cooch and Taylor, the Delaware Superior Court recently ruled on the question of a Limited Liability Company (“LLC”) member’s individual liability for alleged LLC wage debts under Delaware’s Wage Payment and Collection Act (“Act”), 19 … Continue reading

Posted in Delaware Superior Court, Uncategorized | Leave a comment

In the Age of Internet and Personal Jurisdiction

Judge LeGrow of the Delaware Superior Court recently addressed an issue facing courts across the nation: Does one submit themselves to personal jurisdiction within a state based simply on statements made over the World Wide Web? In the case at … Continue reading

Posted in Delaware Superior Court | Leave a comment

Court of Chancery Denies Stockholder Books and Records Request

In a Memorandum Opinion issued August 31, 2016, Judge LeGrow, sitting as a Vice Chancellor by designation pursuant to Del. Const. art. IV, § 13(2), denied a shareholder demand for the inspection of books and records related to $69 million … Continue reading

Posted in Delaware Court of Chancery | Tagged | Leave a comment

Cooch and Taylor Gains Membership in ACA International — the Association of Credit and Collection Professionals

Cooch and Taylor is pleased to announce that it has become a member of ACA International — the Association of Credit and Collection Professionals.  Founded in 1939, ACA brings together third-party collection agencies, law firms, asset buying companies, creditors and … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Chancellor Bouchard sanctions party for “unusually deplorable behavior”

In a fifty-eight page Opinion issued today, Chancellor Bouchard analyzed and ultimately granted a motion to shift attorneys’ fees due to a party’s bad faith litigation tactics.  Given the demanding standard of establishing “clear evidence” that a party acted in … Continue reading

Posted in Delaware Court of Chancery | Tagged , , , | Leave a comment

Vice Chancellor Cites Homer Simpson and Moe Szyslak

In a typically colorful and engaging written decision from Vice Chancellor Glasscock, His Honor cited two of the most famous residents of the fictional town of Springfield: Moe Szyslak and Homer Simpson.  The Memorandum Opinion in Walker, et al. v. … Continue reading

Posted in Delaware Court of Chancery | Tagged , , , | Leave a comment

DELAWARE SUPREME COURT OPINES ON INSURANCE COMPANY BAD FAITH

Here’s the key takeaway from the Delaware Supreme Court’s opinion affirming the Superior Court’s grant of summary judgment in Enrique v. State Farm: “[Plaintiff] would have us invoke a hindsight presumption that the failure to offer policy limits or seek remittitur … Continue reading

Posted in Delaware Superior Court, Delaware Supreme Court | Leave a comment

Vice Chancellor Glasscock Addresses Novel Question Regarding Demand Futility

On May 31, 2016, Vice Chancellor Glasscock issued an interesting Opinion addressing the question of which composition of a board of directors is relevant to the Court’s demand futility analysis where the board’s composition changes in between the time a … Continue reading

Posted in Delaware Court of Chancery | Leave a comment

Delaware Wal-Mart Derivative Action Precluded by Prior Arkansas Dismissal

Chancellor Bouchard, today, dismissed the matter of In re Wal-Mart Stores Inc. Delaware Derivative Litigation.  The Chancellor held that the plaintiffs’ claims were precluded by a prior dismissal of a similar derivative action filed in Arkansas.  Despite the fact that … Continue reading

Posted in Delaware Court of Chancery | Leave a comment