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 Holds Arbitrator Decides Limitations Defense
Lefkowitz v. HWF Holdings LLC, C.A. 4381-VCP (November 11, 2009) The Delaware Arbitration Act has a unique provision that permits the Court of Chancery to enjoin an arbitration when the claim asserted is barred by a statute of…
Court of Chancery Expands Dissolution Remedy
Lola Cars International Limited v. Krohn Racing LLC, C.A. 4479-VCN (November, 12, 2009) The Delaware Limited Liability Company Act permits the Court of Chancery to dissolve an LLC when it is not "reasonably practicable to…
Court of Chancery Explains Duty of Good Faith and Fair Dealing
Amirsaleh v. Board of Trade of The City of New York, Inc., C.A.2822-CC (November 9, 2009) The law of good faith and fair dealing in contracts is a “judicial tool used to imply terms in a…
Court of Chancery Demonstrates its Understanding of Modern Discovery
eBay Domestic Holdings, Inc. v. Newmark, C.A. 3705-CC (October 29, 2009) Modern discovery is often subject to problems, particularly with electronic "documents." As a result, some courts have imposed harsh sanctions for a party's failures…
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…