In this memorandum opinion addressing stockholder plaintiffs’ breach of fiduciary duty claims relating to alleged excessive compensation and lack of oversight, Vice Chancellor Glasscock held that plaintiffs had not pled particularized facts sufficient to show demand futility under Aronson or Rales.
In its recent decision titled Zurich American Ins. Co. v. Diamond Title of Sarasota, Inc., 2011 U.S. Dist. LEXIS 52831 (M.D.Fla. May 17, 2011), the United States District Court for the Middle District of Florida had occasion to consider the duties imposed on an insured pursuant to a policy’s cooperation clause.
Applications under the Human Rights Code ("Code") present a real risk for employers and an important avenue of redress for employees.
In recent years, many contractors who have made claims under insurance polices have observed that the timescale for the investigation, adjustment, agreement and settlement of claims by international insurers has steadily increased.
In Brown, et al. v. Noble, Inc., et al., Index No. 6008762010 (Sup. Ct., NY County, Dec. 2, 2010) (“Brown v. Noble”), Justice Bernard Fried granted defendant Thomas Caruso’s (“Caruso”) motion to dismiss plaintiffs Robert Brown and RB Group LLC’s (“Plaintiffs”) complaint, even though the Motion was filed approximately 1 week late.
In Paul Revere Life Insurance Co. v. Dibari, the insurer brought action for declaratory judgment against its insured regarding a disability income insurance policy and an overhead expense coverage insurance policy, for which the insurer was paying benefits subject to a full reservation of rights.
India Breweries, Inc. (IBI) is a "virtual brewer."
The Delaware Supreme Court has reaffirmed a board of directors' right to exercise its discretion when exercising contractual rights.
A federal court in California has dismissed without prejudice some of the claims filed by a food supplier in a dispute over insurance coverage in food-contamination litigation.
In this post-trial memorandum opinion, the Court of Chancery held that defendants Board of Trade of the City of New York, Inc. (“NYBOT”) and IntercontinentalExchange, Inc. (“ICE”) did not breach the implied covenant of good faith and fair dealing inherent in the merger agreement pursuant to which ICE acquired NYBOT, now ICE Futures U.S., Inc., in January 2007.