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June 26, 2013 | Delaware Business Court Insider

Good-Faith and Fair-Dealing Claims Get a New Life

The Delaware Supreme Court on June 10 brought back to life claims alleging liability for a general partner's failure to act in good faith and to deal fairly with limited partners. Until the court's decision in Gerber v. Enterprise Products Holdings, 2013 LEXIS ____ (June 10, 2013), the Court of Chancery permitted general partners to almost escape liability to the limited partners by adopting sweeping exculpation language in limited partnership agreements. Gerber has now limited the protection such language was thought to provide.
5 minute read
June 26, 2013 | Delaware Business Court Insider

Chancery Reinstates Bulk of Previously Dismissed Claims

The Court of Chancery has has ruled that a no-action clause does not apply to eight of 10 claims it had dismissed with prejudice last year in a lawsuit filed against a Delaware corporation by an entity that acquired notes previously owned by the corporation. Vice Chancellor J. Travis Laster had initially dismissed the plaintiff's claims, saying the indenture's no-action clause prevented the defendant from being sued and he cited two previous Chancery Court decisions in which lawsuits were dismissed at the pleading stage because of no-action clauses. However, the Supreme Court had remanded the case back to Laster to determine if, under New York law, the no-action clauses in the current case were different from the no-action clauses in the two previous Chancery Court decisions cited by Laster.
6 minute read
June 26, 2013 | Inside Counsel

5 of the strangest lawsuits making headlines

A prematurely exploding bottle rocket, an especially bad meal and three more strange lawsuits in the news
5 minute read
June 26, 2013 | Inside Counsel

Supreme Court strikes down DOMA

The Supreme Court on Wednesday struck down a key piece of the federal Defense of Marriage Act (DOMA), which denies federal recognition to same-sex marriages.
3 minute read
June 26, 2013 | Inside Counsel

Evolving trends in e-discovery

Its no secret that e-discovery is a resource and capital-intensive business.
9 minute read
Law Journal Press | Digital Book New Jersey Business Litigation 2025 Authors: Paul A. Rowe, Andrea J. Sullivan View this Book

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June 26, 2013 | Inside Counsel

Monster sued over teen’s death ... again

Its not the first suit of its kind and likely wont be the last. A mother in California is suing Monster Beverage, manufacturer of the Monster energy drinks, over her sons death.
4 minute read
June 26, 2013 | Inside Counsel

Japanese court finds Samsung did not infringe on Apple synchronization patent

Samsung and Apple continue to trade jabs in their ongoing worldwide patent fistfight, but Japans most recent ruling gave Samsung the upper hand.
4 minute read
June 26, 2013 | Inside Counsel

Planet Fitness sued for woman’s death

The parents of a 22-year-old woman are suing Planet Fitness for her death.
2 minute read
June 26, 2013 | Inside Counsel

Regulatory: Minimizing the FCPA risk associated with third party agents

Third party agents and consultants present some of the most dangerous pitfalls for companies looking to minimize their FCPA and anti-corruption risk.
4 minute read
June 26, 2013 | FC&S Insurance

Aspen Re Appoints Tom Luning as Head of U.S. Regional Business Development

Aspen Reinsurance, the reinsurance segment of Aspen Insurance Holdings Limited, has appointed Tom Luning as head of U.S. regional business development. Mr.…
1 minute read

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