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
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motion to dismiss
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…
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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…
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Chancery Dismisses Defendant from Action
By Fox Rothschild LLP on
The recent decision of ESG Capital Partners II, L.P. v. Passport Special Opportunities Master Fund L.P., C.A. No. 11053-VCL (Dec. 16, 2015) involves the Court adjudication of defendants’ motion…
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Court of Chancery Dismisses Case Under Rule 41(b)
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In the case of Kinexus Representative LLC v. Advent Software, Inc., C.A. 1161-VCN (July 5, 2012), the Court of Chancery granted Defendant’s renewed motion to dismiss the case under…
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Court of Chancery Stays Case in Favor of Later-Filed Matter
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In the case of RWI Acquisition LLC v. Todd, C.A. No. 6902-VCP (Del. Ch. May 30, 2012), the Court of Chancery ruled on the issues of: (i) whether…
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Court of Chancery Defers Ruling on Summary Judgment Motion
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In the case of Wagamon v. Dolan, C.A. No. 5594-VCG (Del. Ch. Apr. 20, 2012), the Court of Chancery reviewed Defendant William Krieg’s motion for summary judgment pursuant…
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Delaware Supreme Court Decisions Hold that “Conceivability” is the Standard to Survive a Motion to Dismiss under Rule 12(b)(6)
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In the case of Cambium Ltd. v. Trilantic Capital Partners, No. 363, 2011 (Del. Supr. Jan. 20, 2012), the Delaware Supreme Court followed its recent decision, Central Mortgage v. …
Offer, Acceptance, and Consideration Examined by the Court of Chancery
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In the recent Delaware Court of Chancery decision of James J. Gory Mechanical Contracting, Inc. v. BPG Residential Partners V, LLC and the Buccini/Pollin Group, Inc., Del. Ch. C.A.
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