Employment agreements' statement of parties' agreement to arbitrate claims generally and reference to AAA created presumption of parties' intention to delegate questions of substantive arbitrability to the arbitrator.

Court declined to dismiss contract and good faith/fair duty claims where plaintiffs plausibly alleged that defendants breached their promise to convert plaintiffs' equity holdings to an identical equity percentage in the new entity.

June 2023 $9M Award for Breach of 2021 Agreement to Buy Back Natural Gas Is Affirmed

Appeals & Motions List released on:April 2, 2024

Handdown List released on:March 13, 2024

Appeals & Motions List released on:January 4, 2024

Motion List & Order on Application released on:November 3, 2023

Plaintiffs were former equity holders in an Australian rare-earth mining company, whose primary asset was interest in a mining project in West Texas. Defendants transferred the company's assets to a new Delaware entity. Plaintiffs' fourteen causes of action alleged that defendants promised that plaintiffs would each receive an equivalent amount of equity in the Delaware entity as each had previously held in the mining company, however, they alleged that the transactions had diminished their ownership interests. Defendants' motions to

Reasoning that under the plain language of 8 Del. C. § 145 a director or officer may recover for fees incurred by a wholly owned entity, the court held that plaintiff was entitled to indemnification for breach of contract claims brought against an entity owned by him as well as for counterclaims brought by him and the entity.

Nonseverable class action waiver in ESOP plan's arbitration provision rendered provision unenforceable where waiver barred plan participants from pursuing remedies authorized by ERISA.