Delaware Business Court Insider
By Avalon Zoppo | February 10, 2023
The statutory question at the center of the appeals could create a circuit split that brings the issue to the U.S. Supreme Court, said one court watcher.
Delaware Business Court Insider
By Charles Toutant | February 8, 2023
"He'll be missed more than anything just for his personality and his love for the law and love for being a judge," said attorney Lawrence Lustberg of Gibbons.
Delaware Business Court Insider
By Aleeza Furman | January 18, 2023
An attorney told The Legal his first thought upon seeing the proposal was, "Why are you making our lives more difficult?"
Delaware Business Court Insider | News
By Ellen Bardash | January 18, 2023
The dispute came down to whether "and" meant two circumstances needed to apply, or if one of them--a chief marketing officer's termination--alone was enough.
Delaware Business Court Insider | News
By Ellen Bardash | January 17, 2023
The opinion links two other recent Supreme Court decisions that have set precedent in resolving disputes over D&O insurance coverage, all clarifying the role Delaware laws play in D&O coverage contracts.
Delaware Business Court Insider
By Colleen Murphy | December 15, 2022
"The sheriff's sale occurred more than eight months after Harmon filed her first complaint, and therefore the first action does not bar her claims challenging the sheriff's sale," stated the per curiam opinion. "The District Court reasoned that Harmon could have amended her complaint in the first action to include these later-arising claims, but Morgan chose its bright-line rule in part to avoid 'disputes about whether plaintiffs could have amended their initial complaints to assert claims based on later-occurring incidents.'"
By Colleen Murphy | December 15, 2022
"The sheriff's sale occurred more than eight months after Harmon filed her first complaint, and therefore the first action does not bar her claims challenging the sheriff's sale," stated the per curiam opinion. "The District Court reasoned that Harmon could have amended her complaint in the first action to include these later-arising claims, but Morgan chose its bright-line rule in part to avoid 'disputes about whether plaintiffs could have amended their initial complaints to assert claims based on later-occurring incidents.'"
Delaware Business Court Insider | News
By Aleeza Furman | December 13, 2022
Tamika Montgomery-Reeves, a justice on the Delaware Supreme Court since 2019, becomes the second Black woman on the Third Circuit bench.
Delaware Business Court Insider
By Colleen Murphy | September 19, 2022
"Jenzack asks us to slalom past an intervening settlement agreement and a plainly written consent judgment to award it more than a million dollars in post-judgment interest," Judge Joseph A. Greenaway Jr. stated. "We choose a different path."
The Legal Intelligencer | Commentary
By Francis J. Lawall and Nathaniel T. DeLoatch | September 8, 2022
The scope of releases and exculpation, is often a key point of contention in these cases, and therefore, appeals are not uncommon. The ability to appeal a confirmation order in a substantively consummated plan can meaningfully impact release/exculpation issues as well as a host of others.
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