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 complaint where the ground for the motion offers a reasonable expectation that if the motion is granted litigation in this or another forum will be
Rules and Links
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 and to compel arbitration. The Plaintiff and Defendant entered into a Consulting Services Agreement (“Agreement”) that contained an arbitration clause. Under the arbitration clause, the…
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 to seek inspection of books and records under 8 Del. C. § 220 because he filed suit after his shares were cancelled in a merger. …
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 to a case transferred from the Superior Court when plaintiffs, faced with a motion to dismiss for failure to state a claim under Rule 12(b)(6),…
Chancery Amends Rules Governing Motion Practice
By Fox Rothschild LLP on
Effective August 1, 2017, an amendment to Court of Chancery Rule 171(f) will go effective, setting forth word limitations for non-dispositive motions, and letters to the Court. Under the amendment, motions filed with the Court–excluding those filed under Rules 12, 23, 23.1, 56 and 65, along with pre-trial and post-trial briefs–are subject to a more…
Delaware Supreme Court Adopts Rules To Govern Arbitrations Conducted Pursuant To The Delaware Rapid Arbitration Act
By Fox Rothschild LLP on
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 to that Act. The Rules, which may be viewed here, become effective on June 22, 2015.
Court of Chancery Publishes Amended Rules 96-98
By Fox Rothschild LLP on
In a prior post, we discussed the implementation of the Delaware Rapid Arbitration Act, along with the concurrent amendment of Delaware Supreme Court Rules 6, 7, 9 and 32, and Delaware Court of Chancery Rules 96 through 98.
The Court has published an Order Amending Rules 6, 7, 9 and 32 of the Rules …
Implementation of the Delaware Rapid Arbitration Act
By Fox Rothschild LLP on
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 Delaware Supreme Court Rules and the Court of Chancery Rules Related to the Delaware Rapid Arbitration Act
To implement aspects of the recently-enacted Delaware Rapid…
Court of Chancery Amends Pro Hac Vice Rules
By Fox Rothschild LLP on
On January 16, 2015, the Court of Chancery adopted an amendment to Rule 170, which governs pro hac vice motions. Effective February 2, 2015, the amended Rule 170 has increased the cost of filing a pro hac vice motion in the 2015 calendar year form $300 to $375. The motion will cost $400 in…
Sections 204 and 205 of the Delaware General Corporation Law Enacted
By Fox Rothschild LLP on
On April 1, 2014, new provisions of the Delaware General Corporation Law (the DGCL) went into effect, Sections 204 and 205 of the DGCL.
Section 204 of the DGCL provides corporations with the ability to ratify certain corporate actions that would otherwise have been void or voidable because of their failure to comply with statutory…