Ellen Bardash is ALM's reporter covering Delaware litigation for Delaware Law Weekly and Delaware Business Court Insider. She can be contacted at [email protected], on Twitter @Dellenware or on Threads @ellenbardash.
January 11, 2022 | Delaware Law Weekly
Delaware AG Challenges Local Ordinance Regulating Fetal Tissue to Be Interred or CrematedAttorney General Kathy Jennings said the measure "threatens serious, irreparable, and unconstitutional harm." The city of Seaford's mayor said an anonymous donor had agreed to fund litigation to defend the local measure.
By Ellen Bardash
4 minute read
January 11, 2022 | Delaware Law Weekly
Del. Supreme Court: Rite Aid Insurers Not Liable for Opioid MDL Defense CostsTwo Ohio counties that are seeking purely economic damages in the case didn't prove what costs were incurred by those who treated individuals affected by opioid use, Chief Justice Collins J. Seitz Jr. concluded.
By Ellen Bardash
3 minute read
January 07, 2022 | Delaware Law Weekly
Delaware AG Wins Battle to Return Case Against Oil Companies to State CourtU.S. District Judge Leonard P. Stark's decision to remand the case to Delaware Superior Court marks a win for state Attorney General Kathy Jennings, who first chose the state court as the venue for the complaint filed against more than 30 fossil fuel giants.
By Ellen Bardash
2 minute read
January 04, 2022 | Delaware Business Court Insider
In SPAC Case, Will Holds Shareholder Claims Are Direct, To Be Weighed Under 'Entire Fairness' StandardVice Chancellor Lori Will wrote while the issues involved in the case are a first for the court because they do involve a SPAC, Delaware fiduciary principles apply as they would to any other public company.
By Ellen Bardash
3 minute read
December 30, 2021 | Law.com
With Deal Conditions Unmet, Energy Company Liable for $410M in Lawfully Broken MergerGlasscock found The Williams Companies' structuring of a private offering wasn't excused, which qualifies as an unmet condition and entitles it to payment of the termination fee.
By Ellen Bardash
2 minute read
December 20, 2021 | Delaware Business Court Insider
Great ExSPACtations: Practitioners Say Delaware Will Set Tone for New Post-Merger LitigationNearly as fast as SPACs themselves rose in popularity, shareholders have started filing litigation against the acquisition companies that have closed…
By Ellen Bardash
8 minute read
December 15, 2021 | Delaware Law Weekly
McCarter & English Pro Bono Team Wins $500K for Incarcerated Man's Assault by Corrections OfficerThe jury found a corrections officer violated the Eighth Amendment rights of an incarcerated person. McCarter & English was appointed by the court to represent the plaintiff.
By Ellen Bardash
3 minute read
December 09, 2021 | Delaware Business Court Insider
In New Ordinary Course Covenant Analysis, Del. Supreme Court Affirms $5.8B Hotel Acquisition Deal Rightfully Broken Amid PandemicThe ruling is the first Delaware Supreme Court decision that extensively addresses an ordinary course covenant in a terminated acquisition, rather than on a material adverse effect cause, and relies on the covenant as the basis for terminating an acquisition, according to Quinn Emanuel Urquhart & Sullivan managing partner Michael Carlinsky.
By Ellen Bardash
5 minute read
December 08, 2021 | Delaware Business Court Insider
Shareholders Say Upholding Chancery Decision Would Destroy Appraisal Rights in DGCLThe shareholders' appeal states it's asking the court to apply Delaware's appraisal statute to determine for the first time whether, for appraisal purposes, a dividend paid after a merger closed can be considered part of the merger, as well as that dividend's effect on appraisal rights.
By Ellen Bardash
3 minute read
December 06, 2021 | Delaware Business Court Insider
Dueling Dismissal Motions Argued in Hearing Over TransPerfect's Legal Mal Claim Against Ross AronstamIn TransPerfect Global's malpractice case against Ross Aronstam & Moritz, both parties have filed motions to dismiss, but each argued against the other's during a virtual hearing Monday afternoon.
By Ellen Bardash
4 minute read