The Court of Chancery Declines Apply an Offer-of-Judgment Rule in an Appraisal ActionSpoltore, Leslie
M. Scott LeBlanc
1967Theruleisamendedtopermitthecourttoallowoffersofjudgmenttobemadelessthan10daysbeforetrial.Notinfrequentlythepre-trialconference,atwhichissuesareshapedupbetweentheparties,isheldlessthan10daysbeforethetrialisscheduledtobegin.Therigid10-dayrule(whichwasnotpresentinthe"offertobedefaulted"statuteofthepre-rulesera,...
[...] kind" given in the Court of Final Appeal judgment in the case of Sin Kam-wah v HKSAR [2005]2 HKLRD 375, and having regard to the fact that CE was head of the Hong Kong Special Administrative Region (HKSAR) and its Government, to introduce a new provision binding any person ...
outside the United States. It may not be possible to sue a non-US company or its officers or directors in a non-US court for violations of US securities laws. It also may not be possible to compel a non-US company or its affiliates to subject themselves to a US court's judgment. ...
Offers of compromise and Calderbank offers are important strategic tools which entitle the offeror to apply for indemnity costs if the offeree unreasonably rejects the offer and the trial judgment is less favourable to the offeree. Offers of compromise are made under the Federal Court Rules, and th...
The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Target...
Under ERISA, there are steps an employee can take to enforce the above rights. For instance, if he or she requests a copy of plan documents or the latest annual report from the plan and does not receive them within 30 days, he or she may file suit in a Federal court. In such a ca...
If you get the lis pendens dissolved by the court or even better, the entire case dismissed prior to judgment, you’ll need to record certified copy of Order Dissolving Lis Pendens and/or Certificate of Judgment. ___ I often refer to the lis pendens as a real estate litigator’s best...
Taken as a whole, the overall language of the letter signals Xentek’s intent to make a commitment and invite Boston Scientific to act rather than merely negotiate.” [1] The Court did not reach the other appealed issues, namely, the district court’s judgment of infringe...