Mark E Felger

November 03, 2021 | Delaware Business Court Insider

Superior Court Judge Paul R. Wallace addressed two issues raised by subpoenas issued pursuant to foreign letters rogatory: whether the Superior Court or the foreign court should hear disputes concerning the propriety and scope of the subpoenas, and whether to shift costs from the nonparty to the party requesting the discovery.

By Barry M. Klayman and Mark E. Felger

6 minute read

October 06, 2021 | Delaware Business Court Insider

From 2006 through 2012, FedEx carriers delivered "an infinitesimal percentage" of packages containing untaxed, unstamped cigarettes to New York residents. Enforcement actions followed, and in 2018, FedEx settled the actions by paying $35.3 million and agreeing to several internal reforms.

By Barry M. Klayman and Mark E. Felger

8 minute read

September 01, 2021 | Delaware Business Court Insider

Chancery Rule 4(d) specifies how service of a summons and complaint shall be made and specifies the manner of personal service upon various classes of defendants. Rule 4(d)(7) allows for an order directing a different or an additional mode of service of a summons in a special case.

By Barry M. Klayman and Mark E. Felger

7 minute read

August 04, 2021 | Delaware Business Court Insider

It is a well-established ethical principle that, in general, a lawyer who represents a client in a litigated matter may not also appear as a witness in the same matter, whether for or against the client.

By Barry M. Klayman and Mark E. Felger

7 minute read

June 30, 2021 | Delaware Business Court Insider

What law determines whether a "business trust" may be an eligible debtor under Chapter 11? There is a split of authority as to whether the law of the jurisdiction in which the trust resides or federal common law controls.

By Barry M. Klayman and Mark E. Felger

7 minute read

June 02, 2021 | Delaware Business Court Insider

The Supreme Court approved the Court of Chancery's reliance on a 17-year old opinion by then Vice Chancellor Leo Strine in Milford Power v. PDC Milford Power, 866 A.2d 738 (Del. Ch. 2004).

By Barry M. Klayman and Mark E. Felger

7 minute read

May 05, 2021 | Delaware Business Court Insider

The statute does not define what constitutes a "deposit." In In re Superior Air Charter, Case No. 20-11007 (CSS) (Del. Bankr. April 9, 2021), Chief Judge Christopher Sontchi had to decide whether prepayments for future airplane flights were deposits within the meaning of the statute.

By Barry M. Klayman and Mark E. Felger

7 minute read

March 31, 2021 | Delaware Business Court Insider

Does a defendant in a complaint brought under 10 Del. C. Section 3901 concede or default on the allegations against it by moving to dismiss under Rule 12 only one of the counts in the complaint without first answering the complaint in whole or in part by affidavit?

By Barry M. Klayman and Mark E. Felger

7 minute read

March 03, 2021 | Delaware Business Court Insider

The question posed by the vice chancellor was whether a petitioner could invoke equity to benefit from her own illegal act as a trustee. He answered no—that to apply equity in favor of the trustee, allowing her to benefit from her own unlawful act, would sully equity itself.

By Barry M. Klayman and Mark E. Felger

7 minute read

February 03, 2021 | Delaware Business Court Insider

In Surf's Up Legacy Partners (f/k/a KAABOO) v. Virgin Fest, Superior Court Judge Paul Wallace, in an opinion resounding with musical allusions, invoked the affiliate privilege doctrine to dismiss a claim for tortious interference.

By Barry M. Klayman and Mark E. Felger

6 minute read