Delaware Business Litigation Report

"Delaware business litigation case summaries primarily from Delaware's chancery court and supreme court, including analysis and commentary."

Author: Mathew F. Lintner and Edward M. McNally are partners at Morris James in Wilmington, Del.

Blawg Related Categories: Corporate Law • Corporate Compliance • Labor & Employment • States • Delaware • Partner • Business Law

Recent Posts from Delaware Business Litigation Report

Court of Chancery Resolves How to Treat Preemption Issue
Petroplast Petrofisa Plasticos S.A. v. Ameron International Corp., C.A. 4304-CC (October 28, 2009) When does the Uniform Trade Secrets Act preempt claims arising out of the misuse of documents based on other legal theories such as …
District Court Finds Late Fee is Not Liquidated Damages
Leeseberg v. Converted Organics Inc., C.A. No. 08-926-GMS (D. Del. Oct. 7, 2009). Applying Delaware law, the district court concluded that a late fee provision was not a liquidated damages clause and dismissed the defendant’s…
District Court Rejects Recommendation that Complaint Is Not Adequately Specific
Collins & Aikman Corp. v. Stockman, C.A. No. 07-265-SLR/LPS (D. Del. Sept. 30, 2009). Upon review of the Report and Recommendation issued by Magistrate Judge Leonard P. Stark, and the objections thereto, the district court…
Court of Chancery Explains McWane Exceptions
Choice Hotels International Inc. v. Columbus-Hunt Park DR BNK Investors LLC, C.A. 4353-VCP (October 15, 2009) Delaware courts frequently must decide if a case filed in Delaware should be stayed in favor of another action…
Court of Chancery Upholds Jurisdiction Over Nonresident Partner
Total Holdings USA Inc. v. Curran Composites, Inc., C.A. 4494-VCS (October 9, 2009). In a case of first impression, the Court of Chancery has upheld its jurisdiction over a nonresident partner in a Delaware partnership.…
Court of Chancery Upholds Forum for Trade Secret Litigation
LeCroy Corporation v. Hallberg, C.A. 4328-VCP (October 7, 2009). This decision is another example of why Delaware is more frequently chosen to litigate trade secret or unfair competition disputes. For, while the defendant had no ties…
Vice Chancellor Strine Discusses Stockholders' Role in Corporate Troubles
In this New York Times piece, http://dealbook.blogs.nytimes.com/2009/10/05/dealbook-dialogue-leo-strine/, Vice Chancellor Strine discusses the role of stockholders, particularly institutional investors, in recent corporate woes.
Court of Chancery Explains Lynch, Again
In re John Q. Hammons Hotels Inc. Shareholder Litigation. C.A. 758-CC (October 2, 2009). The application of the Lynch doctrine to a merger is an often discussed topic. This decision does a great job of…
Court of Chancery Appoints Lead Counsel
Dutiel v. Tween Brands Inc., C.A. 4743-CC (October 2, 2009). The Court has recently explained the criteria to determine who should be appointed lead counsel in a class action. In this decision it added a…
Court of Chancery Enforces Non-Compete Agreement
Concord Steel Inc. v. Wilmington Steel Processing Co. Inc., C.A. 3369-VCP ( September 30, 2009). This is another in a line of decisions enforcing agreements not to compete. What is striking about this case is the apparent…