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Order, not the Standing Order requiring disclosure of third-party litigation funding in general. So, for now, the Standing Order is alive and well. Clients still need to consider what needs to be disclosed under this Order and be aware of the Court’s fervent enfo...
On June 1, 2023, the US Court of Appeals for the Ninth Circuit held in a split en banc decision that forum-selection clauses requiring shareholders to file derivative claims in the Delaware Court of Chancery are enforceable as applied to claims asserted derivatively under Section 14(a) of ...
At the district court, all of the class members’ claims were dismissed for failing to plead an injury. On appeal, the 3rd Circuit Court of Appeals certified a question of law to the Delaware Supreme Court regarding whether an increased risk of illness alone could qualify as an injury and ...
The Court of Appeals for the Ninth Circuit affirmed the dismissal of a shareholder derivative action in light of an exclusive-forum bylaw requiring assertion of derivative claims in the Delaware Court of Chancery, even though the case included a federal claim that was subject to exclusive federal...
Circuit Court of Appeals in Philadelphia who ordered a full integration of races to public schools and struck down Federal District Court Judge Caleb Layton's III concept of desegragated schools in Delaware. It accounts the move of L...
The Bankruptcy Court based its decision, in substantial part, on the Third Circuit’sCybergenicsdecision, which starts where the Supreme Court left off inHartford Underwriters Ins. Co. v. Union Planters Bank N.A. InHartford, the Supreme Court decided whether an administrative claimant of a Chapt...
Chief Judge Stark addressed disputes over Plaintiff Onyx’s privilege log. Before making rulings on specific documents reviewed in camera, Judge Stark ruled generally as to the extent of the applicable privilege. Judge Stark first recognized that the Federal Circuit has recognized a privilege between...
Vasquez FN46 the Ninth Circuit Court of Appeals expressed concern over the prospect of claims of actual innocence being based upon the testimony of experts who were hired for the sole reason that they were willing to present favorable testimony. FN46. 949 F.2d 1497 (9th Cir.1990). Because ...
The Result:The Delaware Court of Chancery ruled that because both converting companies had a controlling shareholder that would receive a unique benefit from the conversions, and the conversions had not been "cleansed" by being conditioned on the approval of independent dire...