Delaware Case Commentaries

Delaware Supreme Court Establishes Clarity Requirement for Arbitration in Referee Clauses

Date: Mar 9, 2010

Delaware Supreme Court Establishes Clarity Requirement for Arbitration in Referee Clauses Introduction In the case of Kuhn Construction, Inc. v. Diamond State Port Corporation (990 A.2d 393), the...

Delaware Supreme Court Affirms Statute of Limitations Application in Personal Injury Case

Date: Jul 30, 2009

Delaware Supreme Court Affirms Statute of Limitations Application in Personal Injury Case Introduction In the landmark case of Richard Clinton, Indi v. Enterprise Rent-A-Car Co. and Anthony Gene...

Infringement of Sixth Amendment Rights: The James Cooke Case

Date: Jul 22, 2009

Infringement of Sixth Amendment Rights: The James Cooke Case Introduction The case of James Cooke v. State of Delaware presents a pivotal moment in the interpretation of the Sixth Amendment rights in...

Interpretation of Severance Notification Timing in Employment Contracts: Paul v. Deloitte Touche

Date: May 21, 2009

Interpretation of Severance Notification Timing in Employment Contracts: Paul v. Deloitte Touche Introduction The case of Alan D. Paul v. Deloitte Touche, LLP and Deloitte Touche, USA, LLP (974 A.2d...

Delaware Chancery Court Clarifies Liability of Managing Members in LLC Agreements: KuRoda v. SPJS Holdings

Date: Apr 16, 2009

Delaware Chancery Court Clarifies Liability of Managing Members in LLC Agreements: KuRoda v. SPJS Holdings Introduction Kenzo KuRoda, a seasoned investment adviser, initiated legal proceedings...

Delaware Savings Statute Broadly Interpreted to Include Discretionary Appeals

Date: Apr 10, 2009

Delaware Savings Statute Broadly Interpreted to Include Discretionary Appeals Introduction The Supreme Court of Delaware, in the landmark case of Dennis A. Reid v. Alenia Spazio, Alcatel Alenia Space...

Delaware Supreme Court Clarifies Ripeness and Res Judicata in Indemnification Claims Under Merger Agreements

Date: Mar 13, 2009

Delaware Supreme Court Clarifies Ripeness and Res Judicata in Indemnification Claims Under Merger Agreements Introduction In William J. LaPOINT and John M. Nehra v. AmerisourceBergen Corporation, the...

Delaware Chancery Court Upholds Strict Standards for Demand Futility in Citigroup Shareholder Litigation

Date: Feb 25, 2009

Delaware Chancery Court Upholds Strict Standards for Demand Futility in Citigroup Shareholder Litigation Introduction The case of In re CITIGROUP INC. Shareholder Derivative Litigation (964 A.2d 106)...

Fiduciary Duties and Auditor Liability in Corporate Litigation: Analysis of AIG’s Consolidated Derivative Litigation Judgment

Date: Feb 11, 2009

Fiduciary Duties and Auditor Liability in Corporate Litigation: Analysis of AIG’s Consolidated Derivative Litigation Judgment Introduction The case of American International Group, Inc., Consolidated...

Delaware Supreme Court Establishes Equitable Allocation Standards in Shareholder Class Actions

Date: Feb 4, 2009

Delaware Supreme Court Establishes Equitable Allocation Standards in Shareholder Class Actions Introduction In the landmark case of William Schultz, et al. v. Chuck Ginsburg, and Philadelphia Stock...

Strengthening Fiduciary Accountability: Delaware Supreme Court's Decision in Gantler v. Stephens

Date: Jan 28, 2009

Strengthening Fiduciary Accountability: Delaware Supreme Court's Decision in Gantler v. Stephens Introduction In Gantler v. Stephens, 965 A.2d 695 (Del. 2009), the Delaware Supreme Court addressed...

Affirmation of Fiduciary Duty Standards in Class Actions: Be v. Pfeffer, 965 A.2d 676 (Del. 2009)

Date: Jan 24, 2009

Affirmation of Fiduciary Duty Standards in Class Actions: Be v. Pfeffer, 965 A.2d 676 (Del. 2009) Introduction In Be v. Pfeffer, 965 A.2d 676 (Del. 2009), the Supreme Court of Delaware addressed...

Delaware Supreme Court Reaffirms Use of Prior Dependency Proceedings Under Clear and Convincing Evidence in Termination of Parental Rights: Powell v. DSCYF

Date: Dec 23, 2008

Delaware Supreme Court Reaffirms Use of Prior Dependency Proceedings Under Clear and Convincing Evidence in Termination of Parental Rights: Powell v. DSCYF Introduction The case of Amy Powell v....

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Delaware Case Commentaries

Delaware Supreme Court Establishes Clarity Requirement for Arbitration in Referee Clauses

Delaware Supreme Court Affirms Statute of Limitations Application in Personal Injury Case

Infringement of Sixth Amendment Rights: The James Cooke Case

Interpretation of Severance Notification Timing in Employment Contracts: Paul v. Deloitte Touche

Delaware Chancery Court Clarifies Liability of Managing Members in LLC Agreements: KuRoda v. SPJS Holdings

Delaware Savings Statute Broadly Interpreted to Include Discretionary Appeals

Delaware Supreme Court Clarifies Ripeness and Res Judicata in Indemnification Claims Under Merger Agreements

Delaware Chancery Court Upholds Strict Standards for Demand Futility in Citigroup Shareholder Litigation

Fiduciary Duties and Auditor Liability in Corporate Litigation: Analysis of AIG’s Consolidated Derivative Litigation Judgment

Delaware Supreme Court Establishes Equitable Allocation Standards in Shareholder Class Actions

Strengthening Fiduciary Accountability: Delaware Supreme Court's Decision in Gantler v. Stephens

Affirmation of Fiduciary Duty Standards in Class Actions: Be v. Pfeffer, 965 A.2d 676 (Del. 2009)

Delaware Supreme Court Reaffirms Use of Prior Dependency Proceedings Under Clear and Convincing Evidence in Termination of Parental Rights: Powell v. DSCYF

Enhanced Scrutiny on Reasonable Suspicion: Lopez-Vazquez v. State of Delaware

Revel v. State of Delaware: Affirmation of Mistrial Denial in Context of Fifth Amendment Rights

Affirmation of Demand Futility in Derivative Actions: Paddy Wood v. Charles C. Baum et al.

Feldman v. Cutaia et al.: Affirming Derivative Standing Post-Merger

Delaware Supreme Court Clarifies 'Economic Position' in Stock Option Plans During Cash-Out Mergers

Strict Fourth Amendment Standards for Traffic Stops Established in Ke v. McDonald

Delaware Supreme Court Upholds Limitations on Directors' Equitable Standing in Derivative Suits

Delaware Case Commentaries

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