Category Archives: Uncategorized

Fitbit Inc. Interlocutory Appeal Denied

The Court of Chancery (“Court”) first recited thr standard for granting an interlocutory appeal.  Interlocutory appeals are the exception, not the norm because they disrupt the normal procession of litigation.  The Court should first identify whether the decision being appealed … Continue reading

Posted in Uncategorized | Leave a comment

Allegations of Insider Trading Amongst Fitbit’s Board of Directors

Fitbit Inc. has found itself in the midst of a shareholder derivative suit alleging the company’s board engaged in insider trading and improper conduct surrounding the 2015 IPO, lock-up agreements, and Secondary Offering after the Court of Chancery denied Fitbit’s … Continue reading

Posted in Uncategorized | Leave a comment

Equitable Counterclaims in Courts of Law

In the early stages of the American legal system, most state judiciaries were separated into two types of courts – courts of law and courts of equity.  An action at law is an action typically for money damages such as … Continue reading

Posted in Uncategorized | Leave a comment

Delaware Gun Restrictions Held Unconstitutional

In Delaware State Sportsmen’s Association and the Bridgeville Rifle and Pistol Club v. Delaware Department of Natural Resources and Environmental Control and Delaware Department of Agriculture, C.A. K18C-05-047-JJC (Del. Super. Oct. 11, 2018), Plaintiffs challenged new regulations issued in light … Continue reading

Posted in Uncategorized | Leave a comment

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 | Leave a comment

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 | Leave a comment

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 | Leave a comment

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 | Leave a comment

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

Posted in Uncategorized | 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