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Rarely-Used Doctrine Invoked to Permit Shareholders' Claims to Proceed
Derivative dilution claims can proceed as direct claims in instances where controlling shareholders benefited from the dilution, the Delaware Court of Chancery has ruled, invoking the rarely-used Gentile doctrine, established in a 2006 state Supreme Court decision. By applying the Gentile doctrine, the Chancery Court permitted shareholders to pursue dilution claims against a technology company and its controlling stockholders.Cite as: Gibson v. Adinolfi, SCR 392/12, NYLJ 1202577064795, at *1 (Civ. RI, Decided October 11, 2012)Judge Philip S. StraniereDeci
Sun's Medicare Settlement Clears
Bankrupt nursing home chain Sun Healthcare Group could emerge from Chapter 11 after a Delaware judge confirmed its reorganization plan on Tuesday. Judge Mary Walrath in the U.S. Bankruptcy Court in Wilmington, Del., approved the plan after Sun received final approval from the federal government for an $11 million settlement involving Medicare overpayments made to the company.Justice Herman Cahn NEW YORK COUNTY Supreme Court Plaintiff was represented by Otterbourg, Steindler, Houston & Rosen, P.C., William M. Silverman, Esq.
Cite as: In re Terrestar Networks, Inc. v. U.S. Bank National Association, 10-15446 (SHL), NYLJ 1202580697873, at *1 (Bankruptcy Ct., NY, Decided August 19, 2011)p class="
Court Rules It Has No Jurisdiction Over Client Retained Via E-Mail
A New York judge has ruled that her court cannot exercise personal jurisdiction in a fee collection suit brought by a New York law firm against a South Korean company which retained the firm through representatives and via e-mail.Trending Stories
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