Searching Content indexed under Court Procedure by Carl Neff ordered by Published Date Descending.
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Delaware Dissolution Proceeding Dismissed In Favor Of Prior Pending Litigation
A question that is often posed to Delaware corporate practitioners is whether a non-Delaware court can dissolve a Delaware entity.
United States
7 Dec 2016
Jurisdiction Over Foreign Delaware Corporations Revisited
In the recent Delaware Supreme Court decision of Genuine Parts Company v. Cepec, No. 528, 2015 (Apr. 18, 2016), the Delaware High Court issued a landmark ruling...
United States
5 May 2016
Stay Denied In Advancement Case
In the recent decision of Tulum Management USA LLC v. Casten, C.A. No 11321-VCN (Del. Ch. Nov. 9, 2015), Vice Chancellor Noble declined a party's request to stay a pending advancement case before the Delaware Court of Chancery.
United States
30 Nov 2015
Unsworn Declarations – Verifying Pleadings Under The Delaware Uniform Unsworn Foreign Declarations Act
The question becomes, how can a party file a complaint in the Court of Chancery if the declarant is not located within the United States and unable to access a notary public to verify the pleading?
United States
30 Nov 2015
Collateral Estoppel v. Law Of The Case Doctrine
By way of brief background, Defendant Plaza removed the case to District Court on Dec. 18, 2012, and Plaintiffs moved for remand.
United States
21 Sep 2015
Chancery Court Amends Rule 113 – Deadline To Object To Petitions To Sell Real Estate Increased
Per the Court of Chancery, Rule 113 of the Court of Chancery Rules was amended to make it consistent with 12 Del. C. Section 3951, which was recently amended by the General Assembly.
United States
4 Sep 2015
Court Of Chancery Publishes Amended Rules 96-98
In addition, the Delaware Court of Chancery Rule Amendments for Rules 96-98 reflects the revisions made to these various rules of the Delaware Court of Chancery.
United States
1 Jun 2015
Expert Witness Must Be A "Biological Person"
In appraisal actions, expert witnesses are often retained by parties and serve very important roles in the determination of the value of a company’s shares.
United States
3 Mar 2015
Compound Interest Granted On Attorneys’ Fees
In the case of ReCor Medical, Inc. v. Warnking, C.A. No. 7387-VCN (Jan. 30, 2015), the Court of Chancery granted attorneys’ fees to the prevailing party for an appeal taken by Defendants.
United States
13 Feb 2015
Court Of Chancery Denies Untimely Amendment To Complaint
The decision of OptimisCorp. v. Waite, et al., C.A. No. 8773-VCP (Del. Ch. Jan. 28, 2015) is a good read for litigants seeking leave of the Court to amend a complaint.
United States
30 Jan 2015
Appointment Of A Receiver To An Insolvent Delaware Corporation
What remedy do you have if you or your company is a creditor or shareholder of an insolvent Delaware corporation to recover amounts owed to you?
United States
15 Nov 2014
New Chancellor Of The Court Of Chancery Nominated By Governor Markell
Delaware Governor Jack Markell recently nominated Andre Bouchard for Chancellor of the Court of Chancery.
United States
1 Apr 2014
Amendments To Court Of Chancery Rule 171 And Rule 10 Will Be Effective Tomorrow
Tomorrow, April 1, 2014, the Court’s amendments to Rule 171 and Rule 10 will go effective.
United States
1 Apr 2014
Delaware Court Of Chancery Grants Partial Final Judgment After Conflicting Decision Emerges
In the case of Tang Capital Partners LP v. Norton, et al., C.A. No. 7476-VCG, the Court of Chancery recently considered whether to grant Plaintiffs’ motion for entry of final judgment, which was filed after a conflicting decision emerged following the Court’s denial of Plaintiffs’ initial motion.
United States
29 Jul 2013
Court Denies Cross-Motions For Judgment On The Pleadings
In the recent decision of Grosvenor Orlando Associates v. HCP Grosvenor Orlando LLC, Vice Chancellor Glasscock determined the parties’ cross-motions for judgment on the pleadings.
United States
16 Jul 2013
Motion To Seal No Longer Required For Confidential Complaints Under Rule 5.1
Under the recently enacted Court of Chancery Rule 5.1, the Court of Chancery has set forth a new procedure for the filing of complaints under seal.
United States
11 Apr 2013
"Good Cause" Standard Analyzed For Designating Information As Confidential Under Rule 5.1
Earlier this year, the Court of Chancery enacted Rule 5.1, which raised the bar in terms of what information could remain confidential before the Court.
United States
10 Apr 2013
Derivative Action Dismissed By The Court Under The McWane Doctrine
On February 28, 2013, the Court of Chancery, through its opinion of In re Diamond Foods, Inc. Derivative Litigation, C.A. No. 7657-CS (Del. Ch. Feb. 28, 2013).
United States
14 Mar 2013
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