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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.

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Showing 2 posts in Delaware Procedure/Rules.

Court of Chancery Applies Privilege Non-Waiver Rule

Posted In Delaware Procedure/Rules

In Re Cellular Telephone Partnership Litigation, C.A. No. 6885-VCL (Aug. 29, 2017)

This is an interesting decision because it applies a recent addition to the Delaware Rules of Evidence, Rule 510(f), which allows a court to enter an order preserving privilege despite disclosure in connection with the litigation before it. Here, the Court of Chancery entered such an order in connection with an in camera review by a special discovery master.

Court of Chancery Decision Illustrates Flexibility In Rules Governing Trial

Posted In Delaware Procedure/Rules

In Re Oxbow Carbon LLC Unitholder Litigation, C.A. No. 12447-VCL (Del. Ch. July 28, 2017)

This decision permits a rebuttal witness to testify in an unusual situation that illustrates the flexibility the Court of Chancery often employs when conducting a trial.  Among the issues addressed is the order of proof, belated identification of a witness, sequestration orders, the witness-as-advocate rule, and the tactical considerations in calling an adverse witness in support of your case.