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Delaware Chancery Law Blog

Corporate and Commercial Practice in the Delaware Court of Chancery

Court of Chancery States the Test for a Permanent Injunction

By Nathaniel Klepser & Sidney S. Liebesman on December 5, 2022

The Court of Chancery recently stated the appropriate test for a permanent injunction.  In In re Covid-Related Restrictions on Religious Services, C.A. No. 2021-1036-JTL (Del. Ch. Nov. 22, 2022)…

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Posted in Case Summaries, News, Uncategorized

Court of Chancery Discusses the Knowledge Element in Pleading Tortious Interference and Aiding and Abetting Breach of Fiduciary Duty Claims

By Sidney S. Liebesman & Nathaniel Klepser on November 3, 2022

A recent Court of Chancery case discusses the difference between pleading the knowledge element in complaints asserting claims for tortious interference with contract and aiding and abetting breach of fiduciary…

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Court of Chancery Examines Equitable Subject Matter Jurisdiction

By Nathaniel Klepser & Seth A. Niederman on November 2, 2022

The Court of Chancery recently considered the scope of its limited jurisdiction related to claims of equitable fraud.  In Trust Robin, Inc. v. Tissue Analytics, Inc., et al., C.A. No. …

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A Member of a Delaware LLC Can Withdraw Their Membership by Implied Agreement

By Nathaniel Klepser & Chaney Hall on August 11, 2022

The Court of Chancery recently concluded that a member of a Delaware LLC could reach an implied contractual agreement to withdraw as a member of the LLC, even if the…

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Posted in Case Summaries, News, Uncategorized

Court of Chancery Points Dissolution Petitioners to First Day Affidavits of Bankruptcy Petitioners  

By Seth A. Niederman on May 23, 2022

The Court of Chancery recently issued a decision providing guidance to practitioners submitting petitions in corporate dissolution proceedings.  A copy of the Court’s decision can be found here: In the…

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Judge hammer and money

Chancery Court Holds Plaintiff Responsible For Receiver’s Fees In Section 220 Action.

By Seth A. Niederman on March 30, 2022

In Badr Abdelhameed Dhia Jafar v. Vatican Challenge 2017 LLC, 2022 WL 365142 (Del. Ch. Feb. 8, 2022), the Court of Chancery held the petitioning member of the…
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Posted in Books and Records Demand, Receivership

The Court of Chancery Rejects Claim for Veil-Piercing

By Kasey DeSantis on March 23, 2022

In an granting a motion to dismiss a counterclaim for veil-piercing, Chancellor McCormick recently reminded litigators that “veil piercing is a tough thing to plead and a tougher thing to…
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Defunct Delaware Corporation Cannot Be Used To Circumvent IPO Process

By Nathaniel Klepser & Chaney Hall on March 17, 2022

The Court of Chancery recently denied a petition to appoint a custodian for a defunct Delaware corporation under 8 Del. C. § 226(a)(3) because the petitioner sought to use the…
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Posted in Case Summaries

Speculative Relief Insufficient to Invoke Equitable Jurisdiction

By Chaney Hall on March 16, 2022

Vice Chancellor Glasscock discussed the limits of equitable jurisdiction in Elavon, Inc. v. Electronic Transaction Systems Corp, C.A. No. 2021-0440-SG, memo. op. (Del. Ch. Mar. 7, 2022).  The Court granted…
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Posted in Case Summaries

The Court of Chancery Dismisses Complaints Against Kansas Residents for Lack of Personal Jurisdiction

By Kasey DeSantis on February 18, 2022

The recent Delaware Court of Chancery decision in Dlayal Holdings, Inc. v. Al-Bawardi; Dlayal Holdings, Inc. v. Rodger Gracey, et al.; COORD: 2020-1067-LWW, 2020-1070-LWW (Del. Ch. Dec. 27, 2021)…
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