Delaware Case Commentaries

Resolving Ambiguity in Merger Contracts: The Limits of Specific Performance in United Rentals, Inc. v. RAM Holdings, Inc.

Date: Dec 22, 2007

Resolving Ambiguity in Merger Contracts: The Limits of Specific Performance in United Rentals, Inc. v. RAM Holdings, Inc. Introduction The case of United Rentals, Inc. v. RAM Holdings, Inc. (937 A.2d...

Delaware Supreme Court Establishes Mailing Date as Triggering Event for Statute of Limitations in Workers' Compensation Cases

Date: Dec 6, 2007

Mailing Date as Trigger for Statute of Limitations in Delaware Workers' Compensation: LeVan v. Independence Mall Introduction Joseph LeVan, an employee of Independence Mall, Inc., suffered a...

Strict Compliance with Certified Mail Requirement in Delaware Medical Malpractice Statute of Limitations

Date: Dec 1, 2007

Strict Compliance with Certified Mail Requirement in Delaware Medical Malpractice Statute of Limitations Introduction The case of Charles Leatherbury v. Bertram Greenspun, D.O., Christiana Care...

Standing and Procedural Protocols in Shareholder Litigation: Delaware Supreme Court's Landmark Ruling

Date: Nov 2, 2007

Standing and Procedural Protocols in Shareholder Litigation: Delaware Supreme Court's Landmark Ruling Introduction The case of Appriva Shareholder Litigation Company, LLC v. EV3, Inc. presents a...

Full Award of Attorneys' Fees Under Fee-Shifting Provisions: The Mahani v. Edix Media Group Decision

Date: Sep 5, 2007

Full Award of Attorneys' Fees Under Fee-Shifting Provisions: The Mahani v. Edix Media Group Decision Introduction The case of Parham Mahani v. Edix Media Group, Inc., reported at (935 A.2d 242),...

Delaware Supreme Court Reinforces Admissibility of Pretrial Discovery Deposition Testimony in Medical Malpractice Cases

Date: Aug 8, 2007

Delaware Supreme Court Reinforces Admissibility of Pretrial Discovery Deposition Testimony in Medical Malpractice Cases Introduction The case of Kathleen Marie Barrow, individi v. Carl Abramowicz,...

Reaffirming Standing and Demand Excusal in Delaware Derivative Actions: Desimone v. Barrows

Date: Jun 8, 2007

Reaffirming Standing and Demand Excusal in Delaware Derivative Actions: Desimone v. Barrows Introduction Desimone v. Barrows, 924 A.2d 908 (Del.Ch. 2007), addresses pivotal issues in Delaware...

Creditors Cannot Assert Direct Breach of Fiduciary Duty Claims in Insolvent Delaware Corporations

Date: May 19, 2007

Creditors Cannot Assert Direct Breach of Fiduciary Duty Claims in Insolvent Delaware Corporations Introduction The case of North American Catholic Educational Programming Foundation, Inc. (NACEPF) v....

Delaware Chancery Court Sets New Standards in Shareholder Derivative Litigation: In Re Tyson Foods, Inc. Consolidated Shareholder Litigation

Date: Feb 7, 2007

Delaware Chancery Court Sets New Standards in Shareholder Derivative Litigation: In Re Tyson Foods, Inc. Consolidated Shareholder Litigation Introduction In In re Tyson Foods, Inc. Consolidated...

Delaware Court Establishes Criteria for Dismissing Derivative Claims on Stock Option Backdating

Date: Feb 7, 2007

Delaware Court Establishes Criteria for Dismissing Derivative Claims on Stock Option Backdating Introduction The case of Walter E. Ryan, Jr. v. John F. Gifford et al. adjudicated in the Court of...

Delaware Chancery Court Reinforces Strict Contract Interpretation and Recognizes Civil Conspiracy Among Affiliated Entities

Date: Nov 23, 2006

Delaware Chancery Court Reinforces Strict Contract Interpretation and Recognizes Civil Conspiracy Among Affiliated Entities Introduction In Allied Capital Corporation v. GC-Sun Holdings, L.P., the...

Stone v. Ritter: Affirming Director Oversight Standards Under Caremark

Date: Nov 7, 2006

Stone v. Ritter: Affirming Director Oversight Standards Under Caremark Introduction Stone v. Ritter is a seminal case decided by the Supreme Court of Delaware on November 6, 2006. The case centers...

Reaffirmation of the "Credible Basis" Standard for Section 220 Inspections in Delaware Corporate Law

Date: Sep 26, 2006

Reaffirmation of the "Credible Basis" Standard for Section 220 Inspections in Delaware Corporate Law Introduction The case Frank D. Seinfeld, Plaintiff Below, Appellant, v. Verizon Communications,...

Clarifying the Finality of Dismissal Without Prejudice in Delaware Derivative Actions

Date: Sep 13, 2006

Clarifying the Finality of Dismissal Without Prejudice in Delaware Derivative Actions Introduction Braddock and Priceline.com, Inc. v. Zimmerman, 906 A.2d 776 (Del. 2006) represents a significant...

Impact of Prosecutorial Misconduct on Fair Trial: The Baker v. Delaware Precedent

Date: Aug 29, 2006

Impact of Prosecutorial Misconduct on Fair Trial: The Baker v. Delaware Precedent Introduction Baker v. State of Delaware, 906 A.2d 139 (Del. 2006), is a landmark case adjudicated by the Supreme...

Direct Claims Empowerment for Minority Shareholders in Fiduciary Breach Cases: Insights from Gentile v. Rossette

Date: Aug 18, 2006

Direct Claims Empowerment for Minority Shareholders in Fiduciary Breach Cases: Insights from Gentile v. Rossette Introduction Gentile v. Rossette, et al. is a landmark decision by the Supreme Court...

Reaffirmation of Fiduciary Duty Protections for Directors under the Business Judgment Rule: Trenwick America Litigation Trust v. Ernst Young and Others

Date: Aug 11, 2006

Reaffirmation of Fiduciary Duty Protections for Directors under the Business Judgment Rule: Trenwick America Litigation Trust v. Ernst Young and Others Introduction The case of Trenwick America...

Delaware Supreme Court Clarifies 'Vilification' and 'Personal Attacks' under Master Settlement Agreement

Date: Jul 18, 2006

Delaware Supreme Court Clarifies 'Vilification' and 'Personal Attacks' under Master Settlement Agreement Introduction In the landmark case Lorillard Tobacco Company v. American Legacy Foundation,...

Standards for Prosecutorial Conduct and Evidence in Violation of Probation Hearings: Analysis of Kurzmann v. State of Delaware

Date: Jul 14, 2006

Standards for Prosecutorial Conduct and Evidence in Violation of Probation Hearings: Analysis of Kurzmann v. State of Delaware Introduction In the case of Michael H. Kurzmann v. State of Delaware,...

Dover Historical Society v. City of Dover Planning Commission: Clarifying the 'Bad Faith' Exception to the American Rule

Date: Jul 11, 2006

Dover Historical Society v. City of Dover Planning Commission: Clarifying the 'Bad Faith' Exception to the American Rule Introduction Dover Historical Society, Inc., Henry R. Horsey, Holly Johnson,...

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