On October 31, 2024, the Delaware Court of Chancery issued a letter opinion in Martin Floreani v. FloSports, Inc. that underscores Delaware’s exacting standards for stockholder inspection rights under 8
Continue Reading Delaware Chancery Court Reinforces Strict Requirements for Section 220 Demands in Floreani v. FloSports DecisionCase Summaries
Court of Chancery Dismisses Claims Against McDonald’s Corp. Directors
The Court of Chancery recently dismissed claims for breach of fiduciary duty, breach of the duty of oversight, and waste against the board of directors of McDonald’s Corporation.
In In …
Continue Reading Court of Chancery Dismisses Claims Against McDonald’s Corp. DirectorsCourt of Chancery States the Test for a Permanent Injunction
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 InjunctionA Member of a Delaware LLC Can Withdraw Their Membership by Implied Agreement
By Chaney Hall & Fox Rothschild LLP on
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 AgreementDefunct Delaware Corporation Cannot Be Used To Circumvent IPO Process
By Chaney Hall & Fox Rothschild LLP on
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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Speculative Relief Insufficient to Invoke Equitable Jurisdiction
By Chaney Hall on
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
Chancery Court Confirms Low Burden For Stay Of Discovery While a Motion to Dismiss is Pending
By Seth A. Niederman on
In Continental Automotive Systems, Inc. v. Nokia Corporation, the Court of Chancery confirmed that, “absent special circumstances, discovery will be stayed pending determination of a motion to dismiss the…
Continue Reading Chancery Court Confirms Low Burden For Stay Of Discovery While a Motion to Dismiss is Pending
Applicability of Statute of Repose Is An Issue Of Procedural Arbitrability To Be Decided By Arbitrator
By Chaney Hall on
In Rummel Klepper & Kahl, LLP v. Delaware River & Bay Authority, C.A. No. 2020-0458-PAF (Del. Ch. Jan. 3, 2022), the Court of Chancery considered Defendant’s motion to dismiss…
Continue Reading Applicability of Statute of Repose Is An Issue Of Procedural Arbitrability To Be Decided By Arbitrator
Del. Supreme Court Affirms Court of Chancery’s Decision in AB Stable
By Chaney Hall on
The Delaware Supreme Court opinion in AB Stable VIII LLC v. MAPS Hotels and Resorts One, LLC, et al., No. 71, 2021, (Del. Dec. 8, 2021), considers whether a…
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Stockholder Lacks Standing to Seek Inspection After Stock Canceled In Merger
By Chaney Hall on
In Todd Swift v. Houston Wire & Cable Co., C.A. No. 2021-0525-LWW, memo. op. (Del. Ch. Dec. 3, 2021), the Court of Chancery found that a stockholder lacked standing…
Continue Reading Stockholder Lacks Standing to Seek Inspection After Stock Canceled In Merger