The Court of Chancery recently issued its latest decision in the contentious case captioned In re Shawe & Elting LLC. This decision addresses Elizabeth Elting’s motion seeking the imposition of
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Delaware Supreme Court Denies Request For Writ Of Mandamus, Prohibition, Or Certiorari
A matter recently decided by the Delaware Supreme Court addressed a petition seeking the issuance of a writ of mandamus, prohibition, or certiorari. Matter of Philip R. Shawe, No.
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Delaware Supreme Court Adopts Rules To Govern Arbitrations Conducted Pursuant To The Delaware Rapid Arbitration Act
By Order dated June 17, 2015, and in accordance with Section 5804(a) of the Delaware Rapid Arbitration Act, the Delaware Supreme Court adopted Rules to govern arbitrations conducted pursuant…
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Implementation of the Delaware Rapid Arbitration Act
The Delaware Supreme Court and the Court of Chancery have each amended their Rules to implement the Delaware Rapid Arbitration Act. The announcement of these amendments provides,
Amendments to the…
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Supreme Court Addresses Motion To Dismiss
On May 6, 2015, the Delaware Supreme Court heard oral argument on two cases that presented the same question: “In an action for damages against corporate fiduciaries, where the plaintiff…
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General Assembly Considers the Delaware Rapid Arbitration Act
Prior posts have explored the evolution of the arbitration process in Delaware. On March 25, 2015, that evolution took another step forward with the Senate Judiciary Committee’s approval of House…
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Request To Stay Discovery Denied
In the matter of Vaccaro v. APS Healthcare Bethesda, Inc., C.A. 9637-VCG (February 23, 2015), APS asked the Court of Chancery to stay discovery pending a ruling by the…
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Court Rejects Request To Include Expert’s Fees In A Charging Lien
A charging lien “is an equitable right to have costs advanced and attorney’s fees secured by the judgment entered in the suit wherein the costs were advanced and the fee…
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Conspiracy Theory Jurisdiction
Delaware’s long-arm statute provides jurisdiction over defendants who are not residents of the State of Delaware. Rather, the statute provides the courts of this State with jurisdiction over a defendant…
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Delaware Supreme Court Examines The Standard For Vacating An Arbitrator’s Order
In the matter of SPX Corporation v. Garda USA, Inc. et al., Del. Supr., No. 332, 2013 (June 16, 2014), the Delaware Supreme Court was asked to consider the…
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