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)
Continue Reading Court of Chancery States the Test for a Permanent InjunctionCourt of Chancery Discusses the Knowledge Element in Pleading Tortious Interference and Aiding and Abetting Breach of Fiduciary Duty Claims
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
Continue Reading Court of Chancery Discusses the Knowledge Element in Pleading Tortious Interference and Aiding and Abetting Breach of Fiduciary Duty ClaimsCourt of Chancery Examines Equitable Subject Matter Jurisdiction
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.
Continue Reading Court of Chancery Examines Equitable Subject Matter JurisdictionA Member of a Delaware LLC Can Withdraw Their Membership by Implied Agreement
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
Continue Reading A Member of a Delaware LLC Can Withdraw Their Membership by Implied AgreementCourt of Chancery Points Dissolution Petitioners to First Day Affidavits of Bankruptcy Petitioners
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
Continue Reading Court of Chancery Points Dissolution Petitioners to First Day Affidavits of Bankruptcy Petitioners
Chancery Court Holds Plaintiff Responsible For Receiver’s Fees In Section 220 Action.
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
Continue Reading Chancery Court Holds Plaintiff Responsible For Receiver’s Fees In Section 220 Action.
The Court of Chancery Rejects Claim for Veil-Piercing
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
Continue Reading The Court of Chancery Rejects Claim for Veil-Piercing
Defunct Delaware Corporation Cannot Be Used To Circumvent IPO Process
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
Continue Reading Defunct Delaware Corporation Cannot Be Used To Circumvent IPO Process
Speculative Relief Insufficient to Invoke Equitable Jurisdiction
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
Continue Reading Speculative Relief Insufficient to Invoke Equitable Jurisdiction
The Court of Chancery Dismisses Complaints Against Kansas Residents for Lack of Personal Jurisdiction
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)
Continue Reading The Court of Chancery Dismisses Complaints Against Kansas Residents for Lack of Personal Jurisdiction