The Court of Chancery recently warned that knowingly filing claims that lack subject matter jurisdiction violates Rule 11 and risks referral to the Office of Disciplinary Counsel. In Fintech Consulting
Continue Reading Court of Chancery Warns Against Filing Unwarranted ClaimsUncategorized
Court 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 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
By Seth A. Niederman & Fox Rothschild LLP on
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
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 AgreementCourt of Chancery Points Dissolution Petitioners to First Day Affidavits of Bankruptcy Petitioners
By Seth A. Niederman on
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 PetitionersThe Court of Chancery Rejects Claim for Veil-Piercing
By Kasey DeSantis on
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
The Court of Chancery Dismisses Complaints Against Kansas Residents for Lack of Personal Jurisdiction
By Kasey DeSantis on
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
The Court of Chancery Rules that the Time to Seek Reconsideration Begins to Run on the Date an Oral Ruling Is Rendered
By Kasey DeSantis on
A motion to reargue in the Delaware Court of Chancery “may be served and filed within 5 days after the filing of the Court’s opinion or the receipt of the…
Continue Reading The Court of Chancery Rules that the Time to Seek Reconsideration Begins to Run on the Date an Oral Ruling Is Rendered
Return To The Courthouse
By Seth A. Niederman on
I recently returned to the New Castle County Courthouse for the first time since the initial declaration of a Judicial Emergency by the Court back in March. For those that…
Continue Reading Return To The Courthouse