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Ending one skirmish amid the legal battles at Tesla over excessive compensation, a Delaware Chancery Court on January 8 approved a deal that Teslas board of directors struck 18 months ago to return roughly $919 million to the company. Along with the settlement, Delaware Chancery Court Chancellor Kathaleen McCormick also approved $176.2
The state’s top court upheld fee-shifting of a contingent fee. The post Why A Delaware Supreme CourtDecision Affirming Shifting A Contingency Fee To The Losing Party Could Have Applications To Recovering The Costs Of Litigation Funding appeared first on Above the Law.
The post DelawareCourtDecision Adds to SPACs’ Woes appeared first on Intelligize. The blank-check entities unofficially became a fad around the time SPACs affiliated with celebrities such as Shaquille O’Neal and Ashton Kutcher launched.
Delaware Chancery Courtdecisions last week touched on foot powder litigation, an AMC settlement and in-person signage as damage control for a postponed hearing. New cases ranged from Amazon sales centers to a fibrosis drug.
In Delaware v. Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. The post Delaware Loses Bid to Keep Uncashed MoneyGram Checks appeared first on Constitutional Law Reporter.
A recent Delaware Chancery Courtdecision highlights the liability risks faced by directors and sponsors of special purpose acquisition companies and the importance of robust disclosure in protecting against those risks.
In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Because of intervening Supreme Courtdecisions prohibiting the imposition of no-parole life sentences for juvenile offenders, he was resentenced to a lesser sentence.
Supreme Courtdecision limiting the use of Section 1782, recent trends from a Delaware federal court suggest that Delaware remains an appealing forum for such foreign discovery requests, says Florentina Field at Abrams & Bayliss. Despite a U.S.
Recent state courtdecisions mirroring procedures employed by the Delaware Chancery Court to short-circuit the adjudication of disputes concerning ultra vires corporate acts are a welcome sign for parties who are required to litigate their corporate disputes outside of Delaware, say attorneys at Akerman.
Two more companies are asking the Delaware Chancery Court to retroactively validate long-ago completed share issuances, saying a recent Chancery Courtdecision has cast doubt on the validity of their common stock and is threatening to derail financing, regulatory filings and stockholder votes.
The Delaware Supreme Court has affirmed a Chancery Court'sdecision to toss a lawsuit over an alleged insider trading scheme at restaurant chain El Pollo Loco that purportedly netted $118 million, with one dissenting justice questioning the independence of a board committee created to investigate the claims.
T-Mobile asked the Delaware Supreme Court Wednesday for a rare argument do-over after a split, full-court opinion sent back for further review a Chancery Courtdecision barring Cox Communications Inc. from partnering with Verizon on wireless services rather than pursuing a tie-up with Sprint.
The Delaware federal court initially dismissed GE’s infringement complaint, holding Langmuir’s patent invalid for lack of invention and anticipation by prior use. On appeal, the Third Circuit Court of Appeals at first affirmed, but then on rehearing reversed, holding the patent valid and infringed.
The Delaware Supreme Court on Thursday upheld the Chancery's court'sdecision to throw out nCino investor claims against company directors and investment firm Insight Venture Partners challenging the financial technology company's $1.2 billion acquisition of mortgage loan platform SimpleNexus.
Delaware's Supreme Court on Wednesday backed a Chancery Courtdecision awarding an almost record-breaking $266.7 million fee for stockholder attorneys who settled a class action against Dell Technologies Inc. for $1 billion, saying the Chancery "did not exceed its discretion in setting the fee percentage."
Critics of a fast-tracked proposal to amend Delaware's General Corporation Law to give controlling stockholders wider influence or vetoes over some board decisions are urging the state's bar association to tap the brakes, following a Chancery Courtdecision striking down a Moelis & Co.
The Delaware Supreme Court on Monday refused to revive investors' $500 million challenge to Maxim Integrated Products Inc.'s leaving intact a Chancery Courtdecision throwing out the case in May. s $21 billion merger with Analog Devices Inc.,
petitioned Delaware'sCourt of Chancery on Thursday to retroactively confirm a stockholder-approved share increase after a recent Chancery Courtdecision caused the board to question whether the company had overissued as many as 115,120,243 shares. Electric carmaker Lordstown Motors Corp.
The Delaware Supreme Court on Thursday sent back for reconsideration a Chancery Courtdecision that dismissed without judicial review a Kiromic Biopharma Inc. board committee ruling that a company stock grant to a director in 2017 correctly erased two earlier stock awards.
billion sale to private equity giant Apollo Global, a Third Circuit panel held Friday, affirming a Delaware federal court'sdecision tossing investors' proposed securities class action against the image-sharing company. Shutterfly didn't issue a misleading proxy statement ahead of its $2.7
Delaware's Supreme Court on Wednesday affirmed a Chancery Courtdecision that the former CEO of 3D model maker Matterport Inc. may freely trade his 1.3 million company shares and is not bound by trading restrictions adopted in a 2021 merger with a blank-check company.
billion in indirect payments, according to a Delaware Superior Courtdecision unsealed Wednesday that found the underlying suit was a covered securities claim. Verizon Communications Inc. is covered for a $95 million settlement in a fraudulent transfer suit by a bankruptcy trustee to claw back $2.3
.” Recent rulings in lower courts across the country have mirrored Thomas’s guidance to stay consistent with how states have historically regulated gun ownership, striking down gun restrictions involving young adults, people facing felony charges, and makers of homemade guns.
This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District courtdecisions are not binding precedent because they are at the bottom.
The Delaware Supreme Court affirmed a Chancery Courtdecision ordering a medical claims management company to pay the legal fees of its ex-CEO after he was found liable for breaching his fiduciary duties.
In a ruling affirming Delaware's corporate law deference to valid partnership contracts, the state's Supreme Court on Monday reversed a Chancery Courtdecision that last year invalidated "forfeiture for competition" terms in Cantor Fitzgerald LP's limited partnership agreements, unwinding a win worth $12.5
Citing courtdecisions that set basic principles and limits for stockholder pre-suit document demands, a Delaware vice chancellor on Monday rejected a McDonald's Corp. stockholder bid for a deeper probe into two top officers' alleged misconduct by delving into the company's books and records.
The Delaware Supreme Court on Thursday upheld a Chancery Courtdecision to toss a suit challenging the $875 million acquisition of Berkeley Point Financial LLC by Cantor Fitzgerald LP CEO Howard Lutnick and Lutnick-controlled BGC Partners Inc. in 2017, agreeing it was a fair deal.
A seemingly routine Delaware Chancery Courtdecision about a stockholder vote on a share increase has suddenly blown up confidence in billions worth of publicly traded securities, leaving a growing number of corporations to try to "clean up the shrapnel" with a decade-old statutory tool.
The Delaware Supreme Court reversed a Chancery Courtdecision that awarded former minority unit-holders of Boardwalk Pipeline Partners LP $690 million in their class action lawsuit over a $1.5
Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district courtdecision denying DexCom’s motion for a preliminary injunction. District Court for the District of Delaware.
SPACs also got some good news recently courtesy of a Delaware Chancery Courtdecision dismissing claims challenging “de-SPAC” merger disclosures. “Except for a limited number of highly qualified first-time issuers, the clients that we are working with or that we are aware of are qualified, repeat and serial SPAC sponsors.”
Thus, ANDA patent lawsuits are ordinarily decided by bench trial–and typically by one of the Delaware district court judges. Neither courtdecision discusses the doctrine of equivalents.). And, the ANDA filings also indicate that the pH range will remain stable throughout the shelf life of the product.
In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, Rhode Island, South Carolina, and Vermont. The Supreme Court sided with the fossil fuel company defendants, ruling that appellate courts could review all grounds of the remand order.
Some older Supreme Courtdecisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”.
According to AstraZeneca’s court filings, the fines alone would accrue to the tune of $530 million per month. Federal Court Found HRSA’s Advisory Opinion Was Based on Faulty Legal Grounds. As of this writing, the court is still deliberating on the relief to be granted to the manufacturer.
These rates were calculated by dividing (1) the total number of cases where a clause was enforced by (2) the total number of cases where the court considered the issue of enforceability. In theory, the fact that the federal courts apply federal common law to this question should produce uniform results across the nation.
The Federal Circuit twice reversed the District Courtdecision at issue in GSK v. Hikma was filed in November 2020 after the Court’s first decision issued in October 2020.) Teva , but Amarin v. Teva , Amarin’s case against Hikma could still end very differently if it is appealed to the Federal Circuit.
The Federal Circuit twice reversed the District Courtdecision at issue in GSK v. Hikma was filed in November 2020 after the Court’s first decision issued in October 2020.) Teva , but Amarin v. Teva , Amarin’s case against Hikma could still end very differently if it is appealed to the Federal Circuit.
A Hawaii court held that the Hawai‘i Environmental Policy Act requires environmental review for commercial taking of aquarium fish and that Department of Land and Natural Resources issuance and renewal of licenses for commercial aquarium collection without environmental review was invalid and illegal. In Delaware v. Chevron Corp.
After a setback before the Delaware Supreme Court, the University of Delaware is continuing its dogged effort to prevent the public from seeing the senatorial papers of President Joe Biden. The Delaware Supreme Court has now sent the matter back to the lower court for additional review. Becnel-Guzzo, Esq.,
Delaware Lawsuit Sought Damages from Fossil Fuel Companies for Climate Change Injuries. The common law claims asserted by Delaware are negligent failure to warn, trespass, and nuisance. Subsequent to the Supreme Courtdecision, the government of Nepal passed the Environment Protection Act of 2019 and the Forests Act of 2019.
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