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Delaware Business Litigation Report Blog

Articles: 1-10 of 22

Delaware Superior Court Explains Disgorgement Exclusion In Insurance Coverage

USA - November 11 2016 D&O policies often attempt to exclude from coverage sums paid to disgorge unlawful profits. The underlying theory is that...

Del. Forum Non Conveniens Doctrine Doesn't Depend on Adequate Alternative Forum

USA - September 21 2016 Corporations sued in Delaware and subject to jurisdiction here sometimes employ the doctrine of forum non conveniens (FNC) to seek dismissal of the…

Discovery from foreign affiliate is denied

USA - August 31 2016 Plaintiff seeks core technical documents regarding certain accused products that are in the possession of Defendant’s foreign affiliates. He court…

Defendants’ labels induce infringement in this dronedarone case

USA - August 31 2016 The disputed product in this ANDA case is 400 mg dronedarone tablets used as an antiarrhythmic drug. The court finds that defendants’ proposed product…

Court Of Chancery Explains When Merger Price Not Is The Appraised Value

USA - June 2 2016 This decision explains when a price in a management lead buy out that is close to a merger price set after a shopping of a company may still not be…

Court Of Chancery Lets New Board Review Complaint

USA - June 2 2016 Normally it is the board in place at the time the derivative suit is filed that is evaluated to determine if demand is excused. However, when a…

Court Of Chancery Enforces Nearly Ironclad Safe Harbor For Conflict Transactions Involving Alternative Entity

USA - May 13 2016 This is an important decision because it enforces a nearly ironclad protection against any attack on the decision of a special committee to approve a…

Superior Court Dismisses Warranty Of Accuracy Claim

USA - May 13 2016 This decision holds that Delaware does not recognize a claim for the implied warranty of accuracy for a report of an inspection company. Of course…

Court Of Chancery Resolves Appraisal Voting Requirement

USA - May 12 2016 It is well understood that to be entitled to the appraisal of your stock you need to not vote for the merger. However, in the complex world of how…

Court of Chancery explains standard of review of Special Litigation Committee report

USA - May 13 2015 This may be the definitive decision on how to review the conclusion of a Board of Directors to accept the recommendation of a Special Litigation…