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Delaware Chancery Law Blog

Corporate and Commercial Practice in the Delaware Court of Chancery

derivative

Creditor Lacks Standing to Bring Derivative Suit against LLC

By Fox Rothschild LLP on April 28, 2017

The recent decision of Trusa v. Nepo, C.A. No. 12071-VCMR (Del. Ch. April 13, 2017), stands for the proposition that a creditor lacks standing to assert a derivative claim…
Continue Reading Creditor Lacks Standing to Bring Derivative Suit against LLC

Posted in Derivative Actions, Dissolution

Derivative Suit Dismissed; Majority of Board Did Not Possess Substantial Risk of Personal Liability

By Fox Rothschild LLP on June 30, 2013

In the case of Harold Grill 2 IRA v. Louis R. Chênevert, et al., Civil Action No. 7999-CS (June 24, 2013), the Court of Chancery ruled upon a motion…

Continue Reading Derivative Suit Dismissed; Majority of Board Did Not Possess Substantial Risk of Personal Liability

Posted in Case Summaries, Derivative Actions

Derivative Action Dismissed by the Court Under the McWane Doctrine

By Fox Rothschild LLP on February 28, 2013

On February 28, 2013, the Court of Chancery, through its opinion of In re Diamond Foods, Inc. Derivative Litigation, C.A. No. 7657-CS (Del. Ch. Feb. 28, 2013), entered an…

Continue Reading Derivative Action Dismissed by the Court Under the McWane Doctrine

Posted in Case Summaries, Derivative Actions

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