December 03, 2014 | Delaware Business Court Insider
Chancery Court Dismisses Lawsuit Over $2.2B Novell MergerThe Delaware Court of Chancery has dismissed a lawsuit filed by Novell shareholders alleging the company's board left a higher offer on the table when they agreed to be acquired in 2011 by Attachmate for $2.2 billion.
By Jeff Mordock
4 minute read
December 03, 2014 | Delaware Law Weekly
JP Court Must Review Evidence Before Issuing Forthwith SummonsDelaware's Justice of the Peace Court cannot issue a forthwith summons, a trial occurring roughly one day after a complaint is filed, in rent disputes unless a landlord produces evidence of immediate harm, the Delaware Supreme Court has ruled. The Supreme Court's decision ordered a new trial for a couple who lost an eviction hearing less than 24 hours after they received the complaint.
By Jeff Mordock
5 minute read
December 03, 2014 | Delaware Law Weekly
Failure to Seek Bland Instruction Did Not Prejudice JuryThe Delaware Supreme Court held that the trial attorney for convicted murderer Mark Purnell should have requested a jury instruction regarding the credibility of accomplice testimony, a so-called Bland instruction. However, the court declined to overturn Purnell's conviction, ruling the error did not prejudice the jury because it received general instructions regarding witness motivation and bias.
By Jeff Mordock
4 minute read
December 01, 2014 | Delaware Law Weekly
Markell Nominates Jurden to Lead Superior CourtGov. Jack Markell has nominated Superior Court Judge Jan R. Jurden to serve as president judge of the court she now serves. Jurden, who has applied to become a state Supreme Court justice in the past, has been a Superior Court judge since 2001.
By Jeff Mordock
2 minute read
November 26, 2014 | Delaware Law Weekly
Undocumented Status Not a Shield to Prevent Disability PaymentsA disabled employee's status as an undocumented worker does not relieve companies of the burden of proving that jobs are actually available to the employee in order to halt disability payments, the state Supreme Court has ruled.
By Jeff Mordock
4 minute read
November 26, 2014 | Delaware Business Court Insider
Delaware Entity Formation Can Confer Long-Arm StatuteThe creation of a Delaware business entity to further alleged wrongdoing is enough to confer personal jurisdiction over defendants who formed the entity under the state's long-arm statute, the Delaware Court of Chancery has ruled.
By Jeff Mordock
4 minute read
November 26, 2014 | Delaware Business Court Insider
HIPPA Regulations Invoked to Resolve Third-Party Beneficiary ClaimThree affiliates of a medical billing service can proceed with a third-party beneficiary claim in a breach of contract lawsuit between their parent and a medical software company, the Delaware Court of Chancery has ruled.
By Jeff Mordock
4 minute read
November 26, 2014 | Delaware Law Weekly
Attorney Suspended for Fostering Unauthorized Practice of LawThe Delaware Supreme Court has imposed a one-year suspension on longtime employment attorney Jeffrey K. Martin for allegedly permitting a suspended attorney to practice law in violation of a court order.
By Jeff Mordock
5 minute read
November 21, 2014 | Delaware Law Weekly
Should Ex-JNC Members Pursue Judgeships?In a year that has seen a record number of judicial vacancies in Delaware, two members of the commission charged with filling those positions have resigned to pursue judicial vacancies.
By Jeff Mordock
8 minute read
November 19, 2014 | Delaware Business Court Insider
Parent Company Can Tortiously Interfere With Subsidiary's ContractsA parent company can be liable for tortiously interfering with the performance of a wholly owned subsidiary, the Delaware Court of Chancery has ruled. As a result, the court ordered a real estate company and its subsidiary to jointly pay $6 million in damages to real estate developers after ruling the parent forced the subsidiary to breach its implied obligations.
By Jeff Mordock
4 minute read
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