DE Courts

Delaware Supreme Court Opinion on Corporate Law Amendments

The Delaware Supreme Court issued an opinion answering certified questions of law regarding recent amendments to the Delaware General Corporation Law (DGCL). The court's decision addresses the constitutionality of these amendments, impacting corporate governance and legal frameworks within the state.

Genesis CMG Holdings LLC v. Philip Yancey - Motion to Dismiss Contract Dispute

The Delaware Court of Chancery recommended dismissal of a contract dispute filed by Genesis CMG Holdings LLC against former executives Philip Yancey and Jennifer Miller-Baten. The court found that the restrictive covenants at issue had terminated by their own terms before the alleged breaches occurred, failing to state a viable claim.

Delaware Court of Chancery Opinion on Motion to Dismiss

The Delaware Court of Chancery issued an opinion regarding a motion to dismiss a corporate law case. The court found it lacked personal jurisdiction over one of the defendants, an affiliate of a controlling stockholder, due to insufficient Delaware-directed activity. This ruling impacts the scope of potential legal actions against controlling entities in Delaware.

Delaware Court Denies HOA TRO Request

The Delaware Court of Chancery denied a Petitioner's motion for a Temporary Restraining Order and Preliminary Injunction in a dispute over HOA governance. The court also granted the Respondents' request to continue acting as the Board of Directors.

Delaware Supreme Court Order on Depo-Provera Litigation

The Delaware Supreme Court issued an order addressing the Depo-Provera product liability litigation. The court considered an interlocutory appeal concerning case management and data administration orders, which aim to coordinate proceedings and manage discovery for over three hundred plaintiffs alleging injuries from Depo-Provera use.

Delaware Court of Chancery Denies Expert Opinion Motions

The Delaware Court of Chancery denied three out of four motions in limine seeking to exclude expert opinions in the In re Saama Technologies Litigation (C.A. No. 2022-1045-LWW). A decision on the fourth motion was deferred. The court found that challenges to expert methodologies and data could be addressed during cross-examination.

Delaware Supreme Court Reverses Breach of Contract Dismissal

The Delaware Supreme Court reversed a lower court's dismissal of breach of contract claims filed by insurers against Blackbaud, Inc. The insurers, acting as subrogees and assignees, alleged Blackbaud failed to protect client data after a ransomware attack. The court found the amended complaints adequately pled a breach of contract claim.

Delaware Court of Chancery Opinion on No Surprises Act

The Delaware Court of Chancery dismissed a case seeking to enforce arbitration awards under the No Surprises Act, ruling that the Act does not contain an implied private right of action. The court followed federal precedent in declining to create such a right, dismissing the plaintiffs' claims.

Delaware Court of Chancery Opinion on Exceptions

The Delaware Court of Chancery issued an opinion on exceptions to a Magistrate in Chancery's report concerning a books and records action. The case involves a dispute over anti-dilution protections for an investment in Outlander Gamma 5.2, LLC.

Delaware Supreme Court - Breach of Contract and Negligence

The Delaware Supreme Court reversed and remanded a lower court's dismissal of breach of contract claims filed by insurers against Blackbaud, Inc. The insurers, as subrogees and assignees, alleged Blackbaud failed to protect client data after a ransomware attack. The court found the amended complaints adequately pled a breach of contract claim.