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Publication Date: 2018-01-03
Practice Area: Corporate Entities | Corporate Governance
Industry: Energy | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Martin S. Lessner, Kathaleen St. J. McCormick, Nicholas J. Rohrer, and Meryem Y. Dede, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Robert A. Hoffman, Jeffrey W. Golan, and Julie B. Palley, Barrack, Rodos & Bacine, Philadelphia, PA; Felipe J. Arroyo, Shane P. Sanders, and Gina Stassi, Robbins Arroyo LLP, San Diego, CA; Judith S. Scolnick, Donald. A. Broggi, and Thomas. L. Laughlin, Scott+Scott, Attorneys at Law, LLP, New York, NY; Peter B. Andrews and Craig J. Springer, Andrews & Springer LLC, Wilmington, DE; Alfred G. Yates, Law Offices of Alfred G.Yats, Jr., Pittsburgh, PA, attorneys for appellants
for defendant: Kenneth J. Nachbar, Susan W. Waesco, and Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Jack B. Jacobs, Sidley Austin LLP, Wilmington, DE; Steven M. Bierman, Andrew W. Stern, and Elizabeth A. Espinosa, Sidley Austin LLP, New York, NY, attorneys for appellees.
Case Number: D67990
Derivative complaint properly dismissed for failure to make litigation demand where stockholders allegations only established exculpated claim for directors bad faith, rather than personal liability for companys environmental violations.
Publication Date: 2017-12-27
Practice Area: Civil Appeals | Regulation
Industry: Entertainment and Leisure
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Francis G.X. Pileggi and Alexandra D. Rogin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE, attorneys for appellants
for defendant: Ralph K. Durstein and Devera B. Scott, State of Delaware Department of Justice, Dover, DE, attorneys for appellees.
Case Number: D67983
State agencies lacked authority to impose regulations amount to near-total ban on lawful firearms in state parks and forests, where Delaware Constitution protected citizens rights to bear lawful arms both inside and outside the home for the defense of self and family.
Publication Date: 2017-11-01
Practice Area: Criminal Law
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Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Michael W. Modica for appellant
for defendant: Brian L. Arban for the state.
Case Number: D67924
Defense counsels failure to request a lesser included offense instruction was based on an incorrect assump-tion about the legal standards for the offenses, and counsels conduct fell below the objective standard of rea-sonableness, resulting in prejudice to defendant.
Publication Date: 2017-09-20
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Court: Delaware Supreme Court
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Case Number: D67861
Defendants were entitled to summary judgment in this patent infringement matter where the embodiments of the accused systems did not literally meet the limitation as required by the court's claim co
Publication Date: 2017-09-20
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Court: Delaware Supreme Court
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Case Number: D67861
Defendants were entitled to summary judgment in this patent infringement matter where the embodiments of the accused systems did not literally meet the limitation as required by the court's claim co
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Publication Date: 2017-09-06
Practice Area: Deals and Transactions
Industry: Education | Financial Services and Banking | Software
Court: Delaware Supreme Court
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Case Number: D67857
Injunctive relief for breach of noncompete agreement was proper where the court extended the injunction for the length of time during which the contract was breached. A forfeiture provision under a
Publication Date: 2017-09-06
Practice Area: Deals and Transactions
Industry: Education | Financial Services and Banking | Software
Court: Delaware Supreme Court
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Case Number: D67857
Injunctive relief for breach of noncompete agreement was proper where the court extended the injunction for the length of time during which the contract was breached. A forfeiture provision under a
Publication Date: 2017-08-16
Practice Area: Banking and Finance Laws | Mergers and Acquisitions
Industry: Financial Services and Banking
Court: Delaware Supreme Court
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Case Number: D67835
In this appraisal proceeding following a corporate acquisition, the court rejected arguments in favor of a presumption that the deal price was the best evidence of fair value. Reversed and remanded
Publication Date: 2017-07-12
Practice Area: Business Torts | Dispute Resolution
Industry: Construction | Energy
Court: Delaware Supreme Court
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Case Number: D67791
Purchaser's challenge of seller's historical financials as not GAAP-compliant was not within scope of limited dispute resolution process in the parties' agreement, since process was merely limited t
Publication Date: 2017-07-12
Practice Area: Business Torts | Dispute Resolution
Industry: Construction | Energy
Court: Delaware Supreme Court
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Case Number: D67791
Purchaser's challenge of seller's historical financials as not GAAP-compliant was not within scope of limited dispute resolution process in the parties' agreement, since process was merely limited t
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