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- Entire Fairness Review Applies to Musk Compensation Package
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Category Archives: Delaware Superior Court
Delaware Superior Court Weighs in on Contract Ambiguity
In V&M Aerospace, LLC v. V&M Co., the Superior Court engaged in contract interpretation to resolve a dispute arising out of an Asset Purchase Agreement (APA) entered into in 2015 by V&M Aerospace LLC (Aerospace) and V&M Company (VMC) for … Continue reading
Court of Chancery Rule 15(aaa) Expanded…With a Twist
It has long been the case that when a Defendant in a Delaware Court of Chancery matter files a motion to dismiss pursuant to rules 12(b)(6) or 23.1, the plaintiff has one of two choices: 1) amend her complaint instead … Continue reading
Superior Court Applies “Dual” Personal Jurisdiction
The requirements necessary for establishing personal jurisdiction in the United States have grown increasingly difficult in recent years due to SCOTUS opinions such as Bristol-Myers Squibb, Daimler, and Goodyear. Various approaches to establishing personal jurisdiction, such as California’s sliding-scale approach, … Continue reading
Posted in Delaware Superior Court, SCOTUS
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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
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
Posted in Delaware Superior Court
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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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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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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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