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Delaware Case Commentaries

Delaware Supreme Court Affirms Dismissal of Fraud and Breach of Contract Claims in DCV Holdings v. ConAgra et al.

Delaware Supreme Court Affirms Dismissal of Fraud and Breach of Contract Claims in DCV Holdings v. ConAgra et al.

Date: Dec 9, 2005
Delaware Supreme Court Affirms Dismissal of Fraud and Breach of Contract Claims in DCV Holdings v. ConAgra et al. Introduction The case DCV Holdings, Inc. v. ConAgra, Inc., E.I. du Pont de Nemours...
Reaffirmation of Mandatory Advancement of Legal Expenses for Corporate Officials Under DGCL in Homestore v. Tafeen

Reaffirmation of Mandatory Advancement of Legal Expenses for Corporate Officials Under DGCL in Homestore v. Tafeen

Date: Nov 18, 2005
Reaffirmation of Mandatory Advancement of Legal Expenses for Corporate Officials Under DGCL in Homestore v. Tafeen Introduction Homestore, Inc. v. Peter Tafeen (888 A.2d 204), adjudicated by the...
Delaware Supreme Court Establishes Summary Judgment Standard for Unmasking Anonymous Defendants in Defamation Cases

Delaware Supreme Court Establishes Summary Judgment Standard for Unmasking Anonymous Defendants in Defamation Cases

Date: Oct 6, 2005
Delaware Supreme Court Establishes Summary Judgment Standard for Unmasking Anonymous Defendants in Defamation Cases Introduction In John DOE No. 1, Mo v. Patrick CAHILL and Julia Cahill, decided on...
Fiduciary Duties and Executive Compensation: Insights from IN RE THE WALT DISNEY COMPANY DERIVATIVE LITIGATION

Fiduciary Duties and Executive Compensation: Insights from IN RE THE WALT DISNEY COMPANY DERIVATIVE LITIGATION

Date: Aug 10, 2005
Fiduciary Duties and Executive Compensation: Insights from IN RE THE WALT DISNEY COMPANY DERIVATIVE LITIGATION Introduction The case of IN RE THE WALT DISNEY COMPANY DERIVATIVE LITIGATION (907 A.2d...
Delaware Supreme Court Reinforces Appraisal Valuation Standards and Fee-Shifting Principles in Minority Shareholder Litigation

Delaware Supreme Court Reinforces Appraisal Valuation Standards and Fee-Shifting Principles in Minority Shareholder Litigation

Date: Aug 2, 2005
Delaware Supreme Court Reinforces Appraisal Valuation Standards and Fee-Shifting Principles in Minority Shareholder Litigation Introduction The case of Montgomery Cellular Holding Co., Inc., Palmer...
Delaware Supreme Court Limits Advancement Proceedings under DGCL §145 and Affirms Fee Shifting for Bad Faith in Litigation

Delaware Supreme Court Limits Advancement Proceedings under DGCL §145 and Affirms Fee Shifting for Bad Faith in Litigation

Date: Jul 6, 2005
Delaware Supreme Court Limits Advancement Proceedings under DGCL §145 and Affirms Fee Shifting for Bad Faith in Litigation Introduction The case of Thomas T.S. Kaung v. Cole National Corporation...
Implied Covenant of Good Faith and Fair Dealing in Automobile Insurance: Dunlap v. State Farm

Implied Covenant of Good Faith and Fair Dealing in Automobile Insurance: Dunlap v. State Farm

Date: Jul 6, 2005
Implied Covenant of Good Faith and Fair Dealing in Automobile Insurance: Dunlap v. State Farm Introduction In the landmark case of Dunlap v. State Farm Fire and Casualty Company, the Supreme Court of...
Delaware Supreme Court Expands Long Arm Jurisdiction and Reinforces Waiver Standards in AeroGlobal v. Cirrus Industries

Delaware Supreme Court Expands Long Arm Jurisdiction and Reinforces Waiver Standards in AeroGlobal v. Cirrus Industries

Date: Mar 24, 2005
Delaware Supreme Court Expands Long Arm Jurisdiction and Reinforces Waiver Standards in AeroGlobal v. Cirrus Industries Introduction The Delaware Supreme Court's decision in AeroGlobal Capital...
State v. Ortiz: Delaware Supreme Court Upholds Death Sentence and Capital Case Procedural Standards

State v. Ortiz: Delaware Supreme Court Upholds Death Sentence and Capital Case Procedural Standards

Date: Jan 26, 2005
State v. Ortiz: Delaware Supreme Court Upholds Death Sentence and Capital Case Procedural Standards Introduction In the landmark case of State v. Ortiz, the Supreme Court of Delaware reviewed the...
Delaware Supreme Court Reinforces Strict Interpretation of Warrant Anti-Destruction Clauses: Aspen Advisors LLC v. United Artists Theatre Co.

Delaware Supreme Court Reinforces Strict Interpretation of Warrant Anti-Destruction Clauses: Aspen Advisors LLC v. United Artists Theatre Co.

Date: Nov 24, 2004
Delaware Supreme Court Reinforces Strict Interpretation of Warrant Anti-Destruction Clauses: Aspen Advisors LLC v. United Artists Theatre Co. Introduction The case of Aspen Advisors LLC, Heartland...
Delaware Court of Chancery Establishes Enhanced Creditor Rights in Insolvency: PRG v. NCT Group

Delaware Court of Chancery Establishes Enhanced Creditor Rights in Insolvency: PRG v. NCT Group

Date: Nov 18, 2004
Delaware Court of Chancery Establishes Enhanced Creditor Rights in Insolvency: PRG v. NCT Group Introduction In the case of Production Resources Group, L.L.C. (PRG) v. NCT Group, Inc., the Delaware...
Delaware Supreme Court Sets High Bar for Tolling Statute of Limitations in Fiduciary Claims

Delaware Supreme Court Sets High Bar for Tolling Statute of Limitations in Fiduciary Claims

Date: Nov 5, 2004
Delaware Supreme Court Sets High Bar for Tolling Statute of Limitations in Fiduciary Claims Introduction The case of Walmart Stores, Inc. v. AIG Life Insurance Company et al., decided by the Delaware...
Delaware Supreme Court Sets New Precedent on Jurisdiction and Forum Non Conveniens in International Disputes

Delaware Supreme Court Sets New Precedent on Jurisdiction and Forum Non Conveniens in International Disputes

Date: Oct 5, 2004
Delaware Supreme Court Sets New Precedent on Jurisdiction and Forum Non Conveniens in International Disputes Introduction The landmark case of CANDLEWOOD TIMBER GROUP, LLC and Forestal Santa Barbara...
Breach of Fiduciary Duty and Disclosure Obligations in LLCs: Insights from Metro Communication Corp. v. Advanced Mobilecomm Technologies Inc.

Breach of Fiduciary Duty and Disclosure Obligations in LLCs: Insights from Metro Communication Corp. v. Advanced Mobilecomm Technologies Inc.

Date: May 1, 2004
Breach of Fiduciary Duty and Disclosure Obligations in LLCs: Insights from Metro Communication Corp. v. Advanced Mobilecomm Technologies Inc. Introduction In the landmark case of Metro Communication...
Delaware Supreme Court Abandons 'Special Injury' Test in Distinguishing Direct and Derivative Shareholder Actions

Delaware Supreme Court Abandons 'Special Injury' Test in Distinguishing Direct and Derivative Shareholder Actions

Date: Apr 3, 2004
Delaware Supreme Court Abandons 'Special Injury' Test in Distinguishing Direct and Derivative Shareholder Actions Introduction In the landmark case of Tooley v. Donaldson Lufkin and Jenrette, Inc....
Reaffirming the Standards for Demand Futility in Derivative Suits: Beam v. ti (845 A.2d 1040)

Reaffirming the Standards for Demand Futility in Derivative Suits: Beam v. ti (845 A.2d 1040)

Date: Apr 1, 2004
Reaffirming the Standards for Demand Futility in Derivative Suits: Beam v. ti (845 A.2d 1040) Introduction The Supreme Court of Delaware, in the landmark case Monica A. Beam, deri v. ti (845 A.2d...
Roca v. DuPont et al.: Strict Requirements for Preserving Issues on Appeal

Roca v. DuPont et al.: Strict Requirements for Preserving Issues on Appeal

Date: Jan 31, 2004
Roca v. DuPont et al.: Strict Requirements for Preserving Issues on Appeal Introduction In the landmark case Carl Roca v. E.I. Du Pont de Nemours and Company et al. (842 A.2d 1238, Supreme Court of...
Delaware Supreme Court Establishes Favorable Inference in Ambiguous Contract Disputes: VLIW Technology v. Hewlett-Packard Company and STMicroelectronics, Inc.

Delaware Supreme Court Establishes Favorable Inference in Ambiguous Contract Disputes: VLIW Technology v. Hewlett-Packard Company and STMicroelectronics, Inc.

Date: Dec 20, 2003
Delaware Supreme Court Establishes Favorable Inference in Ambiguous Contract Disputes: VLIW Technology v. Hewlett-Packard Company and STMicroelectronics, Inc. Introduction The case of VLIW...
Delaware Supreme Court Establishes Landowner and Associational Standing in Historic Districts

Delaware Supreme Court Establishes Landowner and Associational Standing in Historic Districts

Date: Dec 3, 2003
Delaware Supreme Court Establishes Landowner and Associational Standing in Historic Districts Introduction The case of The Dover Historical Society et al. v. City of Dover Planning Commission...
Upholding Judicial Discretion in Probation Violation Proceedings and Sentencing: Analysis of Weston v. State

Upholding Judicial Discretion in Probation Violation Proceedings and Sentencing: Analysis of Weston v. State

Date: Oct 1, 2003
Upholding Judicial Discretion in Probation Violation Proceedings and Sentencing: Analysis of Weston v. State Introduction Kashawn D. Weston v. State of Delaware, 832 A.2d 742 (Del. 2003), is a...
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