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Delaware Business Court Insider

Boy Scouts Bankruptcy Appeal Raises Questions on Mootness, Releases

For those who have already received compensation, a lawyer representing abuse victims said, it's come at a personal cost, as the terms of the effective plan have required them to answer 81-page questionnaires, sit for depositions and ask others to submit affidavits as proof of their scouting involvement.
4 minute read

Delaware Business Court Insider

Chancery Stays Action Pending Resolution of a Motion to Dismiss in a First-Filed Action to Which the Defendant Is Not a Party

Prior to initiating the Delaware Chancery Court action, Eastern Wholesale sued one of Hudson's affiliates—but not Hudson—in North Carolina. Shortly after the filing of the Chancery action, Hudson moved to dismiss or stay. And due to potential overlapping legal and factual issues, Chancellor Kathaleen St. J. McCormick entered a stay.
5 minute read

The Legal Intelligencer

Live Nation, Stage Crew Reach $18M Settlement for Forklift Accident After Concert at Phillies' Stadium

"My client is happy to have this trial behind him and is thankful to his medical team for saving his life and his leg. He is hopeful that the lessons about forklift safety are learned from this incident and trial, so that something positive may come out of this tragedy," said the photographer's attorney, Kevin P. O'Brien, of Stampone O'Brien Dilsheimer Holloway.
5 minute read

Delaware Business Court Insider

Chancery Court Exercises Discretion in Setting Bond in a Case Involving Share Transfer Restriction

The Vice Chancellor's decision illustrates the court's discretion and, in this instance, common-sense approach to requiring a bond in the context of provisional relief.
6 minute read

Delaware Business Court Insider

Following 'Purdue Pharma,' Del. Bankruptcy Court Clarifies Standard Applicable to 'Opt-Out' Releases of Claims Against Nondebtors

The court was careful to confine its ruling to precisely the foregoing, and expressed no opinion on plan releases other than nonconsensual ones. In particular, the court was careful to note, "Nothing in what we have said should be construed to call into question consensual third-party releases offered in connection with a bankruptcy reorganization plan."
8 minute read

Law.com

Greenberg Traurig Initiates String of Suits Following JPMorgan Chase's 'Infinite Money Glitch'

The string of fraud incidents was spurred by a viral video on TikTok in August, in which users claimed to discover a systemwide "glitch" in Chase ATM's allowing unlimited amounts of money to be withdrawn.
3 minute read

Delaware Business Court Insider

Repurchase Option in LLC Agreement Tied to Nondisparagement Provision Does Not Violate the Absolute Litigation Privilege

In this recent decision from the Delaware Court of Chancery, Seva Holdings v. Octo Platform Equity Holdings, the court considered whether a membership interest repurchase right under an LLC agreement triggered by breach of a nondisparagement restriction was enforceable, or whether the repurchase scheme violated the absolute litigation privilege.
5 minute read

Delaware Business Court Insider

Court of Chancery's Recent Use of Res Judicata in 'Chai v. Maginn'

This article delves into the Delaware Court of Chancery's recent use of res judicata to remind readers of the doctrine's applications and implications.
8 minute read

Law.com

Judge Sides With McDonald's In Attorney-Client Privilege Dispute With Former Executives

"McDonald's has successfully asserted a privilege 'shield' to prevent disclosure of actions we believe were unlawful, but the case continues, and we look forward to trial," said the plaintiffs' attorney, Jonathan I. Loevy of Loevy & Loevy in Chicago, following attempts to gain access to outside counsel's investigation.
4 minute read

Delaware Business Court Insider

Court of Chancery Rejects 'Caremark' Liability for Imperfect Compliance With Legal Obligations

In dismissing for failure to plead demand futility, Vice Chancellor Lori W. Will explained that that allegations of independent directors' knowledge of "imperfect compliance" did not provide a reasonable inference of bad faith "intentional lawbreaking."
5 minute read

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