Peyton V Carper

December 20, 2023 | Delaware Business Court Insider

Publicly traded corporations increasingly adopted exclusive forum provisions to reduce the risk of burdensome and costly multijurisdictional stockholder litigation. State and federal courts around the country regularly enforced the provisions, dismissing cases not brought in the specified jurisdiction.

By Cliff C. Gardner, Peyton V. Carper and Sukhandeep Kaur

5 minute read

June 29, 2022 | Delaware Business Court Insider

In "pro-sandbagging" states, a buyer's pre-closing knowledge of a breach does not prevent her from bringing a successful claim for breach of warranty. In "anti-sandbagging" states, a buyer who knew (or should have known) that the warranty was untrue is barred from recovering on a claim for breach.

By Cliff C. Gardner and Peyton V. Carper

7 minute read