Chancery Lacks Jurisdiction to Award Damages for an Improvidently Entered Injunction in the Absence of a Bond
Can the Delaware Court of Chancery award damages to a defendant who was improperly enjoined by an order that dispensed with the need for a bond because of the parties' prior contractual waiver that a bond be required?
August 03, 2022 at 09:00 AM
7 minute read
Can the Delaware Court of Chancery award damages to a defendant who was improperly enjoined by an order that dispensed with the need for a bond because of the parties' prior contractual waiver that a bond be required? In DG BF v. Ray, C.A. No. 2020-0459-MTZ, 2022 WL 2299281 (Del. Ch. June 27, 2022), Vice Chancellor Morgan Zurn concluded that the Court of Chancery lacked subject matter jurisdiction to award damages for an improvidently entered injunction in the absence of a bond or other security.
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