Morris James LLP


Court of Chancery explains how to prove bad faith

USA - April 28 2015 While not a corporate case, this decision is useful in explaining how to prove a party acted in bad faith so as to be outside the exculpation

Contractual Stipulations of Irreparable Harm: Helpful But Not Determinative

USA - March 16 2016 Business contracts frequently contain remedy clauses whereby the parties agree that a breach constitutes irreparable harm entitling the nonbreaching

Report and recommendation regarding motion to dismiss is denied in part and granted in part

USA - April 4 2016 Fallon, M. J. Report and recommendation recommending that defendants’ motion to dismiss for lack of personal jurisdiction and failure to state a

Counterclaim case is stayed pending IPR appeal

USA - May 2 2016 This action was filed in February, 2015. In May, defendant counterclaimed for a declaratory judgment that a patent (‘283 Patent) which plaintiff had

Court of Chancery explains the continuing wrong doctrine

USA - July 15 2015 It is settled law that a cause of action accrues when the wrong is committed, not when its effects continue to be felt in the future. But as this

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

Court Relies on Fully Informed Uncoerced Stockholder Vote in 'Revlon' Challenge

USA - November 9 2016 Vice Chancellor Joseph R. Slights III's decision In re OM Group Stockholders Litigation, Consol. C.A. No. 11216-VCS (Oct. 12, 2016), represents the

Court Of Chancery Explains Fee Award In Appraisal Case

USA - October 18 2016 Plaintiffs' attorneys in representative litigation may obtain awards of fees and expenses when their efforts prove successful and provide benefits

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

Court allows defendant to amend its pleadings to add defenses

USA - September 19 2016 SunPower Corporation v. PanelClaw, Inc., C.A. No. 12-1633 - MPT, September 19, 2016. Thynge, C. M. J. Defendant’s motion to amend answer to assert