In the highly anticipated decision of Salzberg v. Sciabacucchi, No. 346, 2019, 2020 WL 1280785 (Del. Mar. 18, 2020), the Delaware Supreme Court held that a provision in several
Continue Reading Delaware Supreme Court Validates Charter Provisions Requiring that Federal Securities Act Claims be Brought in Federal Court
Case Summaries
NantHealth Inc. Directors Dismissed from Suit, with Exception of Breach of Fiduciary Duty Claims Against Founder
By Fox Rothschild LLP on
In the recent decision handed down by Chancellor Bouchard in the case of In re NantHealth, Inc. Stockholder Litigation, Lead C.A. No. 2018-0302-AGB (Del. Ch. Jan. 14, 2020), the Delaware…
Continue Reading NantHealth Inc. Directors Dismissed from Suit, with Exception of Breach of Fiduciary Duty Claims Against Founder
Delaware Supreme Court Reverses Chancery Judgment, Awards Wind Farm Investor $126 million in Damages
By Fox Rothschild LLP on
In the recent Delaware Supreme Court decision of Leaf Invenergy Co. v. Invenergy Renewables, LLC, No. 308, 2018 (Del. May 3, 2019), the High Court found that a nominal …
Continue Reading Delaware Supreme Court Reverses Chancery Judgment, Awards Wind Farm Investor $126 million in Damages
Delaware Supreme Court Overturns Chancery’s Aruba Appraisal Decision
By Fox Rothschild LLP on
On April 17, 2019, the Delaware Supreme Court reversed a significant appraisal decision from the Delaware Court of Chancery in Verition Partners Master Fund, Ltd. v. Aruba Networks, Inc., No.
Continue Reading Delaware Supreme Court Overturns Chancery’s Aruba Appraisal Decision
Chancery Applies Rule 15(aaa) to Action Transferred from Superior Court
By Fox Rothschild LLP on
In the recent decision of Otto Candies, LLC v. KPMG, LLP, C.A. No. 2018-0435-MTZ (Del. Ch. Apr. 25, 2019), the Delaware Court of Chancery found that Rule 15(aaa) applied…
Continue Reading Chancery Applies Rule 15(aaa) to Action Transferred from Superior Court
Court of Chancery Finds Personal Jurisdiction Lacking under the Implied Consent Statute of the LLC Act
By Fox Rothschild LLP on
In the recent decision of CelestialRX Investments, LLC v. Krivulka, C.A. No. 11733-VCG (Del. Ch. Mar. 27, 2019), the Delaware Court of Chancery addressed whether certain named defendants were…
Continue Reading Court of Chancery Finds Personal Jurisdiction Lacking under the Implied Consent Statute of the LLC Act
Delaware Supreme Court Finds Ambiguity in Contract Terms; Overturns Lower Court’s Granting of Summary Judgment
By Fox Rothschild LLP on
In the recent Delaware Supreme Court decision of Sunline Commercial Carriers, Inc. v. CITGO Petroleum Corp., No. 185,2018 (Del. Mar. 7, 2019), at issue between the parties to two…
Continue Reading Delaware Supreme Court Finds Ambiguity in Contract Terms; Overturns Lower Court’s Granting of Summary Judgment
Delaware Supreme Court Holds that Contract May be Voided by LLC Agreement; Remands for Further Proceedings
By Fox Rothschild LLP on
In the recent Delaware Supreme Court decision of CompoSecure LLC v. Cardux LLC, C.A. No. 177, 2018 (Del. Nov. 7, 2018), the High Court found that a contract may…
Continue Reading Delaware Supreme Court Holds that Contract May be Voided by LLC Agreement; Remands for Further Proceedings
Supreme Court Applies Business Judgment Rule to Merger under MFW Standard
By Fox Rothschild LLP on
In Flood v. Synutra Int’l, Inc., No. 101, 2018, (Del. Oct. 9, 2018), the Delaware Supreme Court held that a controlling stockholder who pursues a merger with the company…
Continue Reading Supreme Court Applies Business Judgment Rule to Merger under MFW Standard
LLC Operating Agreement Rescinded for Fraud in the Inducement
By Fox Rothschild LLP on
In the recent decision of Trascent Management Consulting, Inc. v. Bouri, C.A. No. 10915-VCMR (Del. Ch. Sept. 10, 2018), the Delaware Court of Chancery rescinded an operating agreement of…
Continue Reading LLC Operating Agreement Rescinded for Fraud in the Inducement