Showing 159 posts from 2005.
Choice of Law Analysis: Delaware's "Continuous Trigger" Theory vs. Alabama's Reliance on the "Exposure Trigger" Theory
Posted In Business Insurance, Toxic Torts
Shook & Fletcher Asbestos Settlement Trust v. Safety National Casualty Corp., 04C-02-087 MMJ, 2005 WL 2436193 (Del. Super. Ct. Sept. 29, 2005).
Plaintiff Shook & Fletcher Asbestos Settlement Trust, as Successor to Certain Assets and Liabilities of Shook & Fletcher Insulation Company ("Shook & Fletcher"), brought an action to establish coverage for asbestos bodily injury claims under three excess liability policies issued by Safety National Casualty Company, successor to Safety Mutual Casualty Corporation ("Safety"), for policy years 1983 through 1985. The parties moved for summary judgment on various issues, including the choice of law and what act "triggered" the insurance coverage. The court found that Alabama law governed the insurance policies. The Court also determined that a conflict between Delaware and Alabama law exists because Delaware has adopted the "continuous trigger" standard. Because the choice of law analysis favored Alabama, that state's "exposure trigger" standard governed. More ›
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District Court Rules That Spanish Subsidiary of Delaware Parent Corporation is an Indispensible Party to Allegations under DUTSA
Posted In Jurisdiction
Ethypharm S.A. France v. Bentley Pharmaceuticals, Inc., 388 F. Supp. 2d 426 (D.Del. 2005).
United States District Court for the District of Delaware considered motions to dismiss for failure to join an indispensable party and a motion to dismiss various common law counts are precluded by the Delaware Uniform Trade Secret Act ("DUTSA"). More ›
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Court of Chancery Denies Motion For Continued Sealing Of Portions Of Derivative Complaint
Posted In Books and Records, Derivative Claims
Stone v. Ritter, C.A. No. 1570-N, 2005 WL 2416365 (Del. Ch. Sept. 26, 2005).
Defendants sought continued sealing of portions of derivative complaint. More ›
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Federal Court Dismisses Delaware-Based Deceptive Trade Practices Claim But Denies Dismissal Of Contract, Conversion And Enrichment Claims For Motor Yacht Charter
Posted In Breach of Contract
Worldspan, L.P. v. Ultimate Living Group, LLC., 390 F.Supp.2d 412 (D.Del. 2005).
This action was brought under the Admiralty jurisdiction of the Federal Court. It claimed breach of a single-day maritime contract for charter of a motor yacht, unjust enrichment, conversion and violation of Delaware's Deceptive Trade Practices Act ("DTPA").
The Court denied defendant's motion to dismiss with respect to all but the DTPA claim which did not survive for lack of consumer standing against the seller of the chartered motor yacht services. More ›
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Court of Chancery Partially Denies Defendants' Motion To Stay Discovery Pending Resolution Of Their Motion To Dismiss
Posted In Discovery
Bonham v. HBW Holdings, Inc., C.A. No. 820-N, 2005 WL 2335464 (Del. Ch. Sept. 20, 2005).
Defendants moved to stay discovery pending resolution of their motion to dismiss. More ›
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Court of Chancery Enjoins Consummation Of Purchase Agreement Pending Arbitration
Flight Options Int'l, Inc. v. Flight Options, LLC, C.A. No. 1459-N, 2005 WL 2335353 (Del. Ch. Sept. 20, 2005). Plaintiff sought preliminary injunction against consummation of Purchase Agreement pending arbitration of its substantive disputes with Defendant. More › ShareDistrict Court Finds Consumer Lacks Standing to Bring Claim under DTPA Against Seller of Chartered Motor Yacht Services
Posted In Jurisdiction
Worldspan, L.P. v. The Ultimate Living Group, LLC, 390 F.Supp.2d 412 (D.Del., 2005).
United States District Court for the District of Delaware considered a motion to dismiss a claim alleging breach of a maritime contract for a one-day charter of a motor yacht, unjust enrichment, conversion and a violation of Delaware's Deceptive Trade Practices Act ("DPTA"). More ›
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Federal Court Permits Defendant's Third-Party Claim But Denies Insurer's Similar Motion As Time Barred
Posted In Discovery
Federal Ins. Co. v. Lighthouse Constr., Inc., 230 F.R.D. 387 (D.Del. 2005).
A subrogation action was brought by a property insurer to recover for loss incurred by a roof collapse against a building contractor. The contractor sought leave of the Court to file a third-party complaint against the erection contractor. The insurer also sought leave to file a claim against the erection contractor.
The Court held that the contractor could file a third-party claim for indemnity against the erection contractor. However, the Court also ruled that the plaintiff-insurer was barred by a two-year statute of limitations from filing a third-party claim against the erection contractor. More ›
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Court of Chancery Holds Series B Director Has Immediate Right To Sit On Board
Posted In Directors, Stockholders' Meetings
FGC Holdings Ltd. v. Teltronics, Inc., C.A. No. 883-N, 2005 WL 2334357 (Del. Ch. Sept. 14, 2005).
Plaintiff FGC Holdings Limited, owner of Series B Preferred Convertible Stock in Defendant Teltronics, Inc. sought declaratory judgment that its Series B Director designee had an immediate right to sit on Teltronics' board of directors. More ›
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District Court Finds in Favor of Alleged Alter Ego Predecessor to Bankrupt Corporation
Posted In Class Actions
VFB LLC v. Campbell Soup Co., 2005 WL 2234606 (D.Del., September 13, 2005). Plaintiff brought an action alleging that Defendant engineered a fraudulent transfer of over $600 million from Plaintiff's predecessor in interest, Vlasic Foods International, Inc., ("VFI"), to Defendant, that Defendant controlled VFI's directors and caused them to breach their fiduciary duties, that VFI paid illegal dividends to Defendant, that Defendant was VFI's alter ego, and that Defendant's Proof of Claim against VFI's bankruptcy estate was either voidable or should be equitably subordinated. The Court dismissed the action in its entirety and found in favor of Defendant and against Plaintiff on all counts. More ›
ShareCourt of Chancery Denies Plaintiffs' Motion To Temporarily Enjoin Annual Shareholders' Meeting Or To Amend Proxy Materials
Posted In Injunctions, Stockholders' Meetings
Frenz v. Gencor Indus., Inc., C.A. No. 1204-N, 2005 WL 2266594 (Del. Ch. Sept. 9, 2005).
Plaintiffs sought a temporary injunction barring the 2005 annual shareholder's meeting of Gencor Industries, Inc., or, in the alternative, to amend proxy materials to include a nominee for independent director. More ›
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Court of Chancery Allows Employer To Recover Its Confidential Information From Former Employee's Computer
Posted In Business Torts
Rockwell Automation, Inc. v. Kall, C.A. No. 526-N, 2005 WL 2266592 (Del. Ch. September 9, 2005).
Plaintiff Rockwell Automation, Inc. filed complaint against Defendant, a former employee of Plaintiff, to obtain documents containing its confidential and proprietary information. More ›
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Chase Manhattan Mortgage Corp. v. Advanta Corp.
Chase Manhattan Mortgage Corp. v. Advanta Corp., 2005 WL 2234608(D.Del., Sept. 8, 2005). Plaintiffs filed an action alleging that Defendant Advanta engaged in (1) federal securities fraud in violation of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j; (2) Delaware securities fraud in violation of 6 Del. C. § 7323(a)(2); (3) common law fraud; (4) negligent misrepresentation; and (5) breach of contract. More › ShareFederal Court Denies Remand Motion Despite Delaware Dissolution and Fiduciary Claims
Posted In Jurisdiction
Polak v. Kobayashi, No. Civ. A. 05-330 JJF, 2005 WL 2008306 (D.Del. Aug. 22, 2005).
Plaintiff filed a motion to remand a matter involving several Delaware state law claims, alleging lack of subject matter jurisdiction and because complete diversity of citizenship did not exist. Alternatively, plaintiff claimed that the Court should decline to exercise jurisdiction on the Burford abstention doctrine. Defendant filed a motion to remove the case pursuant to 28 U.S.C. §§ 1441 and 1446 to the District Court for the District of Hawaii. The court denied the motion to remand. More ›
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Federal Court Enforces Foreign Arbitral Award Without Permitting Counterclaim
Posted In Arbitration
China Three Gorges Project Corp. v. Rotec Industries, Inc., No. Civ. A. 04-1510 JJF, 2005 WL 1813025 (D.Del. Aug. 2, 2005).
This action involves a Petition to Confirm a Foreign Arbitral Award filed by Petitioner China Three Gorges Project Corporation ("China Gorges") and respondent's Motion to Dismiss or in The Alternative, To Modify The Foreign Arbitral Award. The Court granted the petition to confirm the award and denied the respondent's motions. More ›
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