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  • Chancery Court Rejects GM Ignition-Switch Derivative Suit

    A group of General Motors stockholders has been denied a chance to file a derivative lawsuit over the company's ignition-switch troubles, with the Court of Chancery rejecting arguments that the board of directors was conflicted by potential personal liability for the faulty switches.

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  • Subsidiary Shareholder May Sue Parent Corporation Directly

    A stockholder in a subsidiary does not have to bring a shareholder derivative lawsuit in order to sue for breach of contract just because its only damages are the benefits its subsidiary would have received from the contract as a third-party beneficiary, the Delaware Supreme Court has ruled.

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  • Do Equities Militate Against Restrictions Barring Petition for Dissolution?

    Delaware courts often emphasize the freedom of contract of parties to define their rights, powers, duties, obligations, liabilities and restrictions in a limited liability or operating agreement under the Delaware Limited Liability Company Act.

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  • How an Equipment Upgrade Led to Spoliation Charges

    Discovery missteps often lead to costly and time-consuming motion practice, and may result in charges of spoliation, whether unintentional or otherwise. Unfortunately, spoliation of evidence in e-discovery has become a recurring theme in the Court of Chancery.

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  • Appraisal Gains Major Shareholder $16M in Value After Merger

    The largest stockholder in a corporation providing electricity-delivery data services to the retail energy industry was subject to an unfair merger and is entitled to $15.9 million more than he was paid when his stock was cashed out in the merger, Delaware Court of Chancery Chancellor Andre G. Bouchard has ruled.

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  • Del. Supreme Court Revises Internal Operating Procedures

    The Delaware Supreme Court recently revised its Internal Operating Procedures (IOPs). While many of these IOPs are not entirely new, they do represent the topics that seem to most frequently arise when non-Delaware lawyers seek counsel from Delaware lawyers regarding the appellate process before this court.

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  • Del. Supreme Court Revises Internal Operating Procedures

    The Delaware Supreme Court recently revised its Internal Operating Procedures (IOPs). While many of these IOPs are not entirely new, they do represent the topics that seem to most frequently arise when non-Delaware lawyers seek counsel from Delaware lawyers regarding the appellate process before this court.

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  • Del. Supreme Court Revises Internal Operating Procedures

    The Delaware Supreme Court recently revised its Internal Operating Procedures (IOPs). While many of these IOPs are not entirely new, they do represent the topics that seem to most frequently arise when non-Delaware lawyers seek counsel from Delaware lawyers regarding the appellate process before this court.

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  • Attorney Fees Awarded Notwithstanding Failure to Prove Damages for Breach

    In , (Del. Ch. May 7, 2015), the Delaware Court of Chancery faced the difficult task of deciding an appropriate fee award where the defendants engaged in disloyal, bad-faith conduct, but the plaintiffs failed to prove damages.

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  • Dealer Statute Only Covers New Equipment, Justices Rule

    Suppliers only have to repurchase new, unused equipment from dealers under Delaware's Equipment Dealer Contracts Statute, the state Supreme Court has ruled in answering a question certified from the Third Circuit.

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