Mark E Felger

April 08, 2015 | Delaware Business Court Insider

In , 779 F.3d 214 (3rd Cir. 2015), the U.S. Court of Appeals for the Third Circuit affirmed the judgment of the U.S. District Court for the District of Delaware remanding the case to state court pursuant to a forum selection clause in an agreement to which the appellant was not a signatory.

By Barry M. Klayman and Mark E. Felger

7 minute read

March 10, 2015 | Delaware Business Court Insider

Delaware's borrowing statute provides that an action to enforce a cause of action that arises outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.

By Barry M. Klayman and Mark E. Felger

7 minute read

March 10, 2015 | Delaware Business Court Insider

Delaware's borrowing statute provides that an action to enforce a cause of action that arises outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.

By Barry M. Klayman and Mark E. Felger

7 minute read

February 10, 2015 | Delaware Business Court Insider

Are claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty against an officer and director of a debtor core proceedings under 28 U.S.C. Section 157(b)? Are such claims subject to trial by jury? In a recent decision by U.S. Bankruptcy Judge Christopher Sontchi of the District of Delaware, the court held that such claims were not core proceedings and were legal in nature, rather than equitable, such that they were amenable to a jury demand.

By Barry M. Klayman and Mark E. Felger

8 minute read

February 09, 2015 | Delaware Business Court Insider

Are claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty against an officer and director of a debtor core proceedings under 28 U.S.C. Section 157(b)? Are such claims subject to trial by jury? In a recent decision by U.S. Bankruptcy Judge Christopher Sontchi of the District of Delaware, the court held that such claims were not core proceedings and were legal in nature, rather than equitable, such that they were amenable to a jury demand.

By Barry M. Klayman and Mark E. Felger

8 minute read

January 14, 2015 | Delaware Business Court Insider

It is a common refrain when it comes to the treatment of third-party insurance policies in bankruptcy cases that the insurance policy is property of the estate, but the policy proceeds are not. A recent case addressed competing claims of a Chapter 7 trustee and the debtor's former defense counsel to third-party insurance proceeds.

By Barry M. Klayman and Mark E. Felger

7 minute read

January 14, 2015 | Delaware Business Court Insider

It is a common refrain when it comes to the treatment of third-party insurance policies in bankruptcy cases that the insurance policy is property of the estate, but the policy proceeds are not. A recent case addressed competing claims of a Chapter 7 trustee and the debtor's former defense counsel to third-party insurance proceeds.

By Barry M. Klayman and Mark E. Felger

7 minute read

December 03, 2014 | Delaware Business Court Insider

There is value in reviewing first principles. The Delaware Court of Chancery does so in a short, but direct, letter opinion by Vice Chancellor John W. Noble in Jefferson v. Dominion Holdings, C.A. No. 8663-VCN (Del. Ch. Sept. 24, 2014).

By Barry M. Klayman and Mark E. Felger

4 minute read

November 12, 2014 | Delaware Business Court Insider

A recent decision by the Delaware Superior Court in Universal Music Investments v. Exigen Ltd., C.A. No. N13C-10-300-FSS (Del. Super. Aug. 25, 2014), explored an interesting question regarding the effect of the automatic bankruptcy stay on an order correcting a mistake in a prior order. The decision also discussed whether a guarantor is in privity with the primary obligor for res judicata purposes.

By Barry M. Klayman and Mark E. Felger

7 minute read

October 08, 2014 | Delaware Business Court Insider

What constitutes constitutionally adequate notice to a debtor's unknown creditors of the deadline for filing proofs of claim? In White v. Jacobs (In re New Century TRS Holdings), Civ. No. 13-1719-SLR (D. Del. Aug. 19, 2014), the U.S. District Court for the District of Delaware concluded that the adequacy of the notice provided to unknown creditors had not been meaningfully explored by the bankruptcy court and likely was not reasonably calculated to apprise them of the bar date.

By Barry M. Klayman and Mark E. Felger

8 minute read