ATP Tour Inc. v. Deutscher Tennis Bund, DeFAX Case No. D66289 (Del. May 8, 2014) Berger, J. (14 pages).
Delaware Supreme Court answered certified questions regarding a fee-shifting corporate bylaw as follows: 1) fee-shifting bylaw was facially valid and could be enforceable if adopted by the appropriate corporate procedures and for a proper corporate purpose; 2) if the fee-shifting bylaw was valid, it could permissibly shift fees if a plaintiff obtained no relief at all against the corporation in the litigation; 3) an intent to deter litigation did not necessarily render the bylaw invalid; and 4) a bylaw amendment was enforceable against members who joined the corporation before its enactment.
|May 21, 2014
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