by The Delaware Counsel Group, LLC | Aug 22, 2006 | Law Updates, LU06
Document: Blue Chip Capital Fund II LP v. Tubergen, C.A. No. 1611-N, Lamb, V.C. (Del. Ch. Aug. 22, 2006) Breach of fiduciary duty claims against directors relating to the amount of a preference distribution were dismissed, where complaint asserted viable contractual...
by The Delaware Counsel Group, LLC | Aug 17, 2006 | Law Updates, LU06
Documents: In re Grupo Dos Chiles, LLC, C.A. No. 1447-N, Parsons, V.C. (Del. Ch. Aug. 17, 2006) Attorneys’ fees awarded to petitioner under the bad faith exception to the American rule, where the opposing party acted in bad faith – their position was (1) “strained and...
by The Delaware Counsel Group, LLC | Aug 10, 2006 | Law Updates, LU06
Documents: Trenwick America Litig. Trust v. Ernst & Young, L.L.P., C.A. No. 1571-N, Strine, V.C. (Del. Ch. Aug. 10, 2006) Granted motions to dismiss claims by litigation trust of a bankrupt insurance holding company, where the complaint did not adequately aver...
by The Delaware Counsel Group, LLC | Aug 9, 2006 | Law Updates, LU06
Document: Wynnefield Partners Small Cap Value L.P. v. Niagara Corp., C.A. No. 1261-N, Parsons, V.C. (Del. Ch. Aug. 9, 2006) Court denied defendant company’s motion to stay an order granting a §220 information request pending appeal, where plaintiff would lose standing...
by The Delaware Counsel Group, LLC | Aug 3, 2006 | Law Updates, LU06
Document: Kosseff v. Ciocia, C.A. 188-N, Glasscock, Master (Del. Ch. Aug. 3, 2006) Complaint stated a claim for breach of the duty of care where the board acted quickly and without the aid of outside advice.
by The Delaware Counsel Group, LLC | Aug 1, 2006 | Law Updates, LU06
Document: Facchina v. Malley, C.A. No. 783-N, Noble, V.C. (Del. Ch. Aug. 1, 2006) Court declared that defendants had failed to establish that an LLC agreement was in place.
