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September 19, 2023 | Insurance Coverage Law Center
This article summarizes many of the more important recent legal developments involving D&O claims. During these uncertain times, it is especially important for those who advise and insure directors and officers to carefully monitor and react to these and other developments.
35 minute read
Publication Date: 2023-09-18
Practice Area: Labor Law
Industry: Insurance
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: H. Garrett Baker, Francis D. Nardo, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellants.
for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE; William A. Crawford, Franklin & Prokopik, Newark, DE for appellees.
Case Number: N21C-10-044
Employer and its workers' compensation insurer could assert a lien against compensation obtained from the employer's underinsured motorist coverage.
Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Construction | Legal Services | State and Local Government
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.
Case Number: N21C-12-039
Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.
August 23, 2023 | Delaware Business Court Insider
In In re Edgio Stockholders Litigation, the Delaware Chancery Court was asked to apply the same cleansing effect to a claim for injunctive relief analyzed under Unocal, but Vice Chancellor Morgan Zurn found that Corwin was inapplicable.
6 minute read
Publication Date: 2023-07-10
Practice Area: Corporate Governance
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Michael K. Ross, Serine Consolino, Aegis Law Group LLP, Washington, DC for appellant.
for defendant: Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC; Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for appellees.
Case Number: 163, 2022
Stock issuance that diluted interest of stockholder with one-half interest who had filed a custodian action to break board election deadlock was not inequitable where issuance was reasonably calculated to prevent default under company's key contracts and had the benefit of retaining a key employee, while stockholder was not coerced as she retained a swing vote.
Publication Date: 2023-06-26
Practice Area: Civil Appeals | Contractual Disputes | Dispute Resolution
Industry:
Court: Supreme Court
Judge: Justice Boyd
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0028
Respondent MP Gulf of Mexico, as two-thirds owner of some oil and gas leases called Chinook Unit made two contracts with petitioner Total Energies E&P USA, Inc. as one-third owner of the same unit.
June 22, 2023 | Delaware Law Weekly
Biden's defense counsel Christopher Clark is no stranger to high profile litigation: he's defended both Elon Musk and Mark Cuban in SEC actions. His client is set to plead guilty in July.
4 minute read
June 22, 2023 | Delaware Business Court Insider
Biden's defense counsel Christopher Clark is no stranger to high profile litigation: he's defended both Elon Musk and Mark Cuban in SEC actions. His client is set to plead guilty in July.
4 minute read
June 14, 2023 | Delaware Law Weekly
Delaware courts have touched on the issue before, ruling on what type of exposure doesn't count as an injury, but the Croda case is the first to ask the high court to concretely state whether exposure leading to increased risk of disease is enough on its own.
4 minute read
June 14, 2023 | Delaware Business Court Insider
Writing for the court en banc, Justice Karen L. Valihura explained why the stockholder-plaintiffs' arguments did not undermine the Court of Chancery's conclusions as to either "fair dealing" or "fair price."
5 minute read
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