Law 360

OCTOBER 20, 2021

The recent Delaware Chancery Court ruling in Online HealthNow v. CIP OCL reiterates that contractual fraud claims cannot be eliminated with the stroke of a pen, and serves as a reminder that Delaware courts will not permit statutory limitations on liability to excuse intentional fraud, say attorneys at Shearman.

Court Rules 40

Court Rules Attorney Court 40

SCOTUSBlog

FEBRUARY 22, 2024

Share The Supreme Court on Thursday rejected a request to temporarily put on hold a bankruptcy plan for the Boy Scouts of America while a challenge to that plan continues in a federal appeals court. Two-and-a-half years later, a bankruptcy court in Delaware confirmed a $2.5

Court 104

Court Court Rules 104

Law 360

MARCH 20, 2023

Debtors in the Delaware Chapter 11 case of cryptocurrency exchange FTX Trading Ltd. sued the liquidators of a non-debtor Bahamian entity late Sunday, seeking a bankruptcy court ruling that the foreign entity has no claim to any of the property in the FTX empire.

Court Rules 75

Court Rules Court 75

Law 360

JANUARY 17, 2024

The Delaware Supreme Court on Wednesday affirmed a lower court ruling that tossed shareholder lawsuits against Fox Corp. and Snap Inc. claiming the companies are required to let shareholders vote on proposed charter amendments to exculpate officers, thereby clearing them of certain liabilities

Court Rules 40

Court Rules Court 40

Law 360

DECEMBER 18, 2023

Delaware's Supreme Court on Monday overturned a 2022 Chancery Court order that dismissal of federal opioid-related damage claims against AmerisourceBergen in West Virginia justified scuttling a multibillion-dollar stockholder derivative lawsuit, finding the decision "inconsistent" with the court's rules for derivative actions and evidence.

Court Rules 40

Court Rules Court 40

Law 360

SEPTEMBER 30, 2022

Recent Delaware bankruptcy court rulings are a reminder that a creditor's right to sue a company's directors depends on whether a borrower is a corporation or a limited liability company, and that LLC creditors cannot sue directors for fiduciary breaches or otherwise pursue derivative claims, say David Hillman and Peter Antoszyk at Proskauer.

Court Rules 72

Court Rules Court 72

Law 360

JANUARY 10, 2022

The Delaware Supreme Court ruled Monday that three Chubb units have no duty to defend Rite Aid in suits brought by Ohio counties over the costs of responding to the opioid epidemic, reversing a trial court's finding that the actions sought potentially covered damages.

Court 40

Court Court Rules 40

Law 360

AUGUST 3, 2022

Twitter asked Delaware's chancellor on Wednesday to bar unwilling buyer Elon Musk from filing an early public answer to the social media giant's lawsuit to force him to close on a $44 billion take-private deal, arguing that court rules gave Twitter until late Aug.

Court Rules 74

Court Rules Court 74

Law 360

FEBRUARY 25, 2022

s scheduled March 10 director election, in a Delaware Chancery Court ruling that nevertheless deemed some Alden claims possible fodder for post-vote arguments. An Alden Global Capital LLC affiliate lost a bid late Friday to delay or block media company Lee Enterprises Inc.'s

Court Rules 75

Court Rules Court 75

Law 360

SEPTEMBER 18, 2023

Objections, Delaware Chancery Court rulings and the stock market have deeply eroded what was once expected to be a $20 million stockholder class attorney fee awarded to counsel for AMC Entertainment Inc. stockholders who recently battled the company to compromise on a dilutive share conversion plan.

Entertainment 40

Entertainment Court Rules Attorney Court 40

Law 360

JUNE 13, 2023

The New York Jets got sidelined Tuesday in their Delaware Court of Chancery suit for appointment of a receiver to take control of Fubo Gaming Inc.'s s dissolution, with a from-the-bench court ruling that the legal play was premature.

Court Rules 40

Court Rules Legal Legal Court 40

Law 360

MAY 17, 2023

does not owe stock to a former employee for his unvested stock options in an acquired subsidiary because VMware's obligations to pay him ended when he left the company, Delaware's Chancery Court ruled Tuesday. Cloud technology company VMware Inc.

Court Rules 40

Court Rules Technology Court 40

Law 360

MAY 12, 2023

billion deal, the Delaware Chancery Court ruled Friday. Ellison did not coerce the company into paying $3 billion too much for NetSuite Inc. in 2016 and did not mislead a special board committee that was negotiating the $9.3

Court Rules 40

Court Rules Court 40

Law 360

APRIL 4, 2023

A New Jersey and Pennsylvania bistate commission handling a Delaware River bridge project went beyond its powers when it mandated that contractors make project labor agreements with specific unions in order to bid on the construction contract, a Garden State appeals court ruled Tuesday.

Construction 40

Construction Contract Court Rules Court 40

The Crime Report

APRIL 26, 2021

The Supreme Court agreed on Monday to hear an appeal to expand gun rights in the United States in a New York case over the right to carry a firearm in public for self-defense, marking the court’s first foray into gun rights since Justice Amy Coney Barrett came on board in October, making a 6-3 conservative majority, reports the Chicago Tribune.

Court 52

Court Court Rules Laws 52

Law 360

DECEMBER 10, 2021

A Delaware Chancery Court judge on Friday rejected investment firm Polychain Capital's bid to keep under wraps an arbitration award in an investors' rights dispute with Pantera Venture Fund that it's seeking to overturn, finding Polychain's "unreasonably extensive" redactions don't align with the "letter or spirit" of the court's rules.

Court Rules 52

Court Rules Court 52

Law 360

JULY 20, 2022

Delaware's Supreme Court has reversed a Chancery Court ruling that upheld stockholder document demands for a probe of alleged insider trading by top NVIDIA Corp. figures, finding that the company was unfairly denied access to witnesses and their statements before trial.

Court Rules 40

Court Rules Court 40

Law 360

FEBRUARY 22, 2024

In Cantor Fitzgerald v.

Court Rules 40

Court Rules Court 40

Law 360

AUGUST 29, 2022

stockholders have told the Delaware Supreme Court that "four decades of carefully crafted jurisprudence" would be upended and a key entire fairness standard rendered "a paper tiger" if the justices let stand a trial court ruling in litigation over Tesla's purchase of SolarCity. Attorneys for Tesla Inc.

Court Rules 40

Court Rules Litigation Litigating Attorney 40

Law 360

SEPTEMBER 30, 2022

A Delaware federal court ruled that an ex-executive of an insurance company owes her former employer $200,000 in stock benefits after she left her job for a competitor, despite her protests that the company decided she needed to fork over the stock in a bad faith process.

Court Rules 40

Court Rules Court 40

Law 360

JUNE 27, 2022

s board chairman will preside over an upcoming meeting where shareholders will vote for directors, the Delaware Chancery Court ruled Monday, rejecting a bid from the chair's rival, the company's CEO, for neutral counsel to conduct the meeting. Aerojet Rocketdyne Holdings Inc.'s

Court Rules 40

Court Rules Court 40

Law 360

APRIL 5, 2022

s next annual meeting whether to hold a special meeting later to consider his alternative slate of directors is procedurally invalid, the head of Delaware's Chancery Court ruled Tuesday. A proposal from activist investor Carl Icahn that stockholders decide at Southwest Gas Holdings Inc.'s

Court Rules 40

Court Rules Court 40

Law 360

JANUARY 21, 2022

directors and its controlling stockholder of using the company as a closely held "piggy bank" were dismissed Friday in a Delaware Chancery Court ruling that kept alive two counts against controller Innovate Corp. Most claims in a suit accusing DBM Global Inc. and one director.

Court Rules 40

Court Rules Court 40

Conflict of Laws

NOVEMBER 9, 2023

A pivotal development in this arena occurred in 2021 when the Delhi High Court rendered a judgement in the case of HK Media Limited and Anr v. Simultaneously, the defendants filed a suit in the United States District Court, asserting non-infringement of the plaintiffs’ rights. Brainlink International Inc., [1]

Cause of Action 67

Cause of Action Court Entertainment Court Rules 67

SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

Statute 104

Statute Stare Decisis Court Manufacturing 104

Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. Only if the rules are interpreted with a sense of proportion the desired improvements can be achieved.

Tort 52

Tort Court Laws Procedural Law 52

Patently O

FEBRUARY 22, 2023

That’s because current disclosure of litigation funding relies on a patchwork of state law, court rules, self-reporting, FOIA requests, leaks to journalists, and funding pitches. Some, as noted above, have even banned the practice at common law, though state courts have increasingly relaxed those rules in favor of regulation. [23]

Litigation 125

Litigation Litigating Court Finance 125

HowAppealing

AUGUST 10, 2023

“A Mississippi case leads US appeals court to strike down lifetime gun ban for drug users”: Margaret Baker of The Biloxi Sun Herald has this report. Lindsay Whitehurst of The Associated Press reports that “ Appeals court rules against longstanding drug user gun ban cited in Hunter Biden case.”

Court 100

Court Statute Court Rules Laws 100

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Third, the court found that BLM used internally inconsistent emission rates. In 2018, the court vacated EPA’s earlier denial of the request.

Court 54

Court Government Litigation Litigating 54

The Fashion Law

JUNE 10, 2021

They were swiftly followed by a handful of additional filings by other retailers, signaling that there is no end in sight to the constant string of fashion and other retail companies struggling financially and looking to bankruptcies courts for protection from their creditors. June 2021 – Alex and Ani. If approved by the U.S.

Finance 125

Finance Court Real Estate Manufacturing 125

SCOTUSBlog

AUGUST 10, 2023

Share The Supreme Court on Thursday put a bankruptcy plan for Purdue Pharma, the manufacturer of the highly addictive opioid painkiller OxyContin, on hold while it reviews a challenge to the legality of the plan, which would shield the Sackler family, the owners of the drug company, from lawsuits. There were no recorded dissents.

Government 96

Government Personal Injury Court Tort 96

At the Lectern

DECEMBER 14, 2023

At its conference yesterday, a double one, the Supreme Court ruled on a robust 164 matters. The court granted review in EpicentRx, Inc. ” The Supreme Court has a similar forum selection case under review — Gerro v. The Supreme Court denied review in Brooks. Actions of note included: Forum selection.

Misdemeanor 45

Misdemeanor Court Entertainment Felony 45

SCOTUSBlog

OCTOBER 24, 2022

Just three days after the thunderous ruling in Dobbs v. Jackson Women’s Health Organization , the Supreme Court issued another important decision on a pressing health care issue. In an opinion by Justice Stephen Breyer — the penultimate opinion of his 28-year Supreme Court career — the court chose a subjective standard.

Court Rules 110

Court Rules Court Government Legal 110

JonathanTurley

AUGUST 16, 2023

That is the problem when your counsel tells the prosecutor in open court to “just rip up” the plea deal. Bray, the Chief United States Probation Officer for the District of Delaware, never signed off on the agreement. The Justice Department just declared, however, that it is dead as Dillinger.

Statute 41

Statute Court Rules Attorney Court 41

JonathanTurley

AUGUST 22, 2021

There is a major new ruling in Delaware that could impact universities and colleges across the country. A federal judge ruled in favor of allowing students at the University of Delaware to proceed with their claim that the school “unjustly enriched itself” during the COVID-19 pandemic. University of Delaware.

Court Rules 52

Court Rules Contract Court Education 52

SCOTUSBlog

JANUARY 14, 2022

District Court for the Southern District of New York rejected the states’ claims, ruling that the negative economic effects of the $10,000 cap were not so severe as to impermissibly coerce the states into changing their policies. The district court also ruled that a flat dollar cap on the deduction was not unlawful.

Court 98

Court Manufacturing Statute Laws 98

JonathanTurley

OCTOBER 24, 2022

President Biden boasted that the courts declared that they are “on Biden’s side.” He declared that “just yesterday, a state court and the Supreme Court said, ‘No, we’re on Biden’s side.’”. Court of Appeals for the Eighth Circuit enjoined the lower court.

Legal 32

Legal Legal Court Education 32