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Kuwaiti Company Gambles and Loses on Default Judgment; Court Enforces Forum...
Carlyle Investment Management L.L.C. v. National Industries Group (Holding), C.A. No. 5527-VCS (Del. Ch. Oct. 11, 2012). Issue Presented: Whether a default judgment should be opened when the defendant...
View ArticleChancery Applies Familiar First-Filed Rule to Impose Stay
Brookstone Partners Acquisition XVI, LLC v. Tanus, C.A. No. 7533-VCN (Del. Ch. Nov. 20, 2012). Issue Presented: The Court in this case applied the familiar first filed rule as a basis to grant a motion...
View ArticleNew Articles of Interest to Delaware Corporate Lawyers and Litigators
Two law review articles of interest to Delaware corporate lawyers and litigators arrived in the U.S. mail today and are linked below. Both articles are authored by luminaries familiar to all who follow...
View ArticleChancery Bars Claims Based on “Issue Preclusion” Doctrine
TR Investors, LLC v. Genger, C.A. No. 6697-CS (Del. Ch. Feb. 18, 2013). Issue addressed: Whether the doctrine of “issue preclusion” prevented the relitigation of issues previously decided, and thus...
View ArticleChancery Dismisses Duplicative Delaware Suit in Favor of First-Filed...
In Re Diamond Foods, Inc. Derivative Litigation, C.A. No. 7657-CS (Del. Ch. Feb. 28, 2013). Issue Addressed: Whether a derivative suit filed in Delaware should be dismissed in favor of a similar...
View ArticleTulane Corporate Law Seminar
This is the 25th year that the Tulane Corporate Law Institute has presented a seminar in New Orleans that attracts corporate litigators and M & A lawyers from around the country to discuss the...
View ArticleVice Chancellor Publishes Article on Shareholder Litigation in Chancery
Vice Chancellor Donald F. Parsons of the Delaware Court of Chancery has penned a law review article with a former law clerk on the topic of shareholder litigation and how the burgeoning cases in this...
View ArticleChancery Applies First-Filed Rule to Stay Case
Baden-Wurttenberg v. Walton Seattle Mezz Holdings VI-B, LLC, C.A. No. 7933-VCG (Del. Ch. April 1, 2013). This decision applies the familiar first-filed rule, and on that basis stayed this action in...
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Supreme Court Reverses Chancery on Collateral Estoppel/Demand Futility and...
Pyott v. Louisiana Municipal Police Employees’ Retirement System, No. 380, 2012 (Del. Supr., April 4, 2013) Issues Addressed: (1) Whether or not a prior ruling by a California court dismissing a...
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Chancery Upholds Bylaws with Forum Selection Clause
Boilermakers Local 154 Retirement Fund v. Chevron Corporation, C.A. No. 7220-CS (Del. Ch. June 25, 2013). Issue Addressed: Enforceability of bylaws adopted by the Board of Directors providing that...
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