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452 results for '* topic:"Civil Procedure"' You can use Search Constraints to get even better search results
Publication Date: 2017-11-22
Practice Area: Civil Procedure | Corporate Governance
Industry: Energy
Court: Court of Chancery
Judge: Vice Chancellor Montgomery-Reeves
Attorneys: For plaintiff: Stuart M. Grant and Michael J. Barry, Grant & Eisenhofer, P.A., Wilmington, DE; Peter B. Andrews and Craig J. Springer, Andrews & Springer LLC, Wilmington, DE; Jeremy Friedman, Spencer Oster, and David Tejtel, Friedman Oster & Tejtel PLLC, New York, NY, attorneys for plaintiff
for defendant: Myron T. Steele, Arthur L. Dent, and Jaclyn C. Levy, Potter Andersoon & Corroon LLP; David T. Moran and Christopher R. Bankler, Jackson Walker LLP, Dallas, TX; Gregroy V. Varallo, Richards, Layton & Finger, P.A., Wilmington, DE; J. Wiley George, Andrews Kurth LLP, Houston, TX; David J. Teklits and Kevin M. Coen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Mark Oakes and Ryan Meltzer, Norton Rose Fulbright US LLP, Austin, TX; John Byron, Norton Rose Fulbright US LLP, Houston, TX, attorneys for defendants.
Case Number: D67944
Derivative complaint dismissed where board protected by exculpatory provision in bylaws, and plaintiff failed to make demand, and further failed to plead likelihood of liability for non-exculpated claims as to majority of board members to establish challenged transaction as invalid exercise of business judgment.
Publication Date: 2017-11-15
Practice Area: Business Torts | Civil Procedure | Contracts
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Paul J. Lockwood, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE, attorney for plaintiff
for defendant: David E. Ross, Eric D. Selden, and Nicholas D. Mozal, Aronstam & Moritz LLP, Wilmington, DE, attorneys for defendants.
Case Number: D67934
Defendants motion for stay after several defendants receipt of subpoenas in criminal investigation denied where lack of pending indictments meant that plaintiffs and the publics interest in civil action proceeding to trial outweighed remote possibility of prejudice to defendants in any future criminal proceedings.
Publication Date: 2017-11-15
Practice Area: Civil Procedure | Employment Litigation
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Thomas M. Horan and Johnna M. Darby for plaintiff
for defendant: John L. Reed, Ethan H. Townsend and Harrison S. Carpenter for defendants.
Case Number: D67940
The court lacked personal jurisdiction over an individual defendant whose only connection to the state was as the CEO for two Delaware corporations.
Publication Date: 2017-11-15
Practice Area: Civil Procedure
Industry: Biotechnology | Health Care
Court: Court of Chancery
Judge: Vice Chancellor Montgomery-Reeves
Attorneys: For plaintiff: Joel Friedlander and Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Nancy J. Sennett, James T. McKeown, and Eric L. Maassen, Foley & Larnder LLP, Milwaukee, WI, attorneys for plaintiff
for defendant: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE; Mark C. Hansen, Michael J. Guzman, Joshua Hafenbrack, and Hilary P. Gerzhoy, Kellogg, Hansen, Todd, Figel & Frederick, PLLC, Washington, DC, attorneys for defendants.
Case Number: D67935
Plaintiffs claim for breach of settlement barred by laches where plaintiff failed to bring claim within analogous statute of limitations, and no extraordinary circumstances were present to excuse plaintiffs delay in bringing its action.
Publication Date: 2017-11-08
Practice Area: Civil Procedure | Commercial Law
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Strine
Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; Sean F. O'Shea, Michael E. Petrella, Amanda L. Devereux, and Brian B. Alexander, Boies Schiller Flexner LLP, New York, NY, attorneys for appellants
for defendant: Kevin R. Shannon and Christopher N. Kelly, Potter Anderson & Corroon LLP, Wilmington, DE; Walter C. Carlson and Elizabeth Y. Austin, Sidley Austin LLP, Chicago, IL; Kenneth J. Nachbar and Ryan D. Stottman, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Christopher Landau, Kirkland & Ellis LLP, Washington, DE; Brian D. Sieve and Jessica L. Staiger, Kirkland & Ellis LLP, Chicago, IL; Jeremy M. Feigenbaum, Kirkland & Ellis LLP, New York, NY, attorneys for appellees.
Case Number: D67926
Evaluating dismissal of a case on forum non conveniens grounds, previously dismissed by another jurisdiction on forum non conveniens grounds as well, required balanced application of forum non conveniens standards under the Cryo-Maid holding.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2017-11-08
Practice Area: Civil Procedure | Contractual Disputes
Industry: Mining and Resources
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Seth A. Niederman and Courtney A. Emerson for plaintiff
for defendant: Matthew L. Miller, Kevin G. Abrams, John M. Seaman and E. Wade Houston for defendant.
Case Number: D67933
The court had personal jurisdiction over the defendant where the parties contract designated Delaware as the forum for resolving any disputes.
Publication Date: 2017-11-01
Practice Area: Civil Procedure | Contractual Disputes | Employment Litigation
Industry: Transportation
Court: Delaware Superior Court
Judge: Judge Cooch
Attorneys: For plaintiff: Laurence V. Cronin for plaintiff
for defendant: Peter B. Ladig, Meghan A. Adams, John R. Fornaciari and Thomas E. Hogan for defendant.
Case Number: D67921
This breach of contract matter was governed by the law of another state because it had the most significant relationship to the parties agreement.
Publication Date: 2017-10-25
Practice Area: Business Torts | Civil Procedure
Industry: Distribution and Wholesale | Manufacturing
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Counsel: Kenneth J. Enos, Kathaleen S. McCormick, Mary F. Dugan, William S. Sugden and Thomas P. Clinkscales for plaintiff
for defendant: Stephen E. Jenkins, Peter H. Kyle and Stephen J. Brown for defendants.
Case Number: D67915
Dismissal for lack of personal jurisdiction was proper where an individual defendants only connection to Delaware was acting as an officer of an entity that was incorporated in Delaware. Defendant adequately stated claims for fraud and tortious interference with contractual relations, but the matters were not appropriate for res-olution until after the discovery process. Motions to dismiss and for judgment on the pleadings denied.
Publication Date: 2017-10-25
Practice Area: Civil Procedure | Personal Injury | Premises Liability
Industry: Hospitality and Lodging
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: D67917
Delaware was not a convenient forum for the adjudication of a personal injury claim that arose in Egypt, where the plaintiff was a citizen of the United Kingdom and an adequate alternative forum for adjudication existed in Egypt as well as in the United Kingdom. Affirmed.
Publication Date: 2017-07-26
Practice Area: Civil Procedure | Contracts | Labor Law
Industry: Brokerage | Financial Services and Banking
Court: U.S. District Court of Delaware
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67810
The language of a collective bargaining agreement was ambiguous as to whether the parties intended the question of arbitrability to be determined by the court or by the arbitrator. Motion to dismiss
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