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

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Showing 7 posts from June 2010.

Court Of Chancery Awards Large Fee

Berger v Pubco Corp. ,C.A. 3414-CC (June 23, 2010)

This decision awards 26% of a large recovery to the prevailing attorneys.  If you are successful, then you will be well rewarded,  just as it should be.

Court Of Chancery Enforces Settlement As Written

Cambridge North Point LLC v. Boston & Maine Corporation,  C.A. 3461-VCS (June 17, 2010)

This is another example of the Court of Chancery enforcing the contract the parties wrote despite one party's second thoughts. Saying that you did not read it does not help either.

Chambers USA Names 10 Morris James Partners In Their 2010 Guide to Leading Business Lawyers

Posted In News

Morris James LLP is pleased to announce that ten of its partners have been ranked among the leading Delaware lawyers in the 2010 edition of Chambers USA:  America’s Leading Lawyers for Business - an increase of two rankings from last year.    In addition, four practice areas including Bankruptcy/Restructuring, Chancery, Intellectual Property and Employment Law were identified among the leading practices in Delaware.   The Morris James partners selected for inclusion in the 2010 edition are:


  • Brett Fallon
  • Carl N. Kunz
  • Stephen M. Miller


  • Edward M. McNally
  • Lewis H. Lazarus
  • P. Clarkson Collins, Jr.

Intellectual Property

  • Mary M. Matterer
  • Richard K. Herrmann

Labor and Employment

  • David H. Williams

Real Estate: Zoning/Land Use

  • A. Kimberly Hoffman

Chambers & Partners is a highly respected and influential London-based research and publishing company that provides rankings of leading business lawyers and law firms throughout the world.  Rankings are based on technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients. 

Court Of Chancery Sets Pleading Rule For Self Dealing Claim

Posted In Fiduciary Duty

Monroe County Employees' Retirement System v. Carlson, C.A. 4587-CC (June 7, 2010)

Because "self dealing" sounds so bad, sometimes a plaintiff thinks that all she needs to do is say those words in a complaint to state a claim.  Not so.  As this decision points out, self dealing may still be fair if the price is right.  Hence, to state a claim a complaint must state facts that show the deal was not fair.

Peter B. Ladig Joins Morris James LLP as a Partner in the Corporate and Fiduciary Litigation Group

Posted In News

Morris James LLP is pleased to announce Peter B. Ladig has joined the firm as of June 1, 2010.  The majority of Mr. Ladig’s practice is in the Delaware Court of Chancery, although he has extensive experience in the other state and federal courts in Delaware and has been involved in over 50 published decisions. 

David Williams, the firm’s managing partner stated “We are delighted Peter Ladig has joined the Firm as a partner in our Corporate/Commercial Litigation Group. Peter adds his considerable skill and experience to a talented Group. We continue to look for opportunities to grow our Firm by adding accomplished laterals, particularly in the IP practice.”   

Mr. Ladig has represented both stockholders and directors in litigation in the Court of Chancery in cases involving, among other things, advancement of legal fees and expenses, contested elections of directors, requests to inspect books and records and claims for breaches of fiduciary duties.  He has also represented corporations and other entities in commercial disputes involving breach of contract claims and claims arising under the General Corporation Law of the State of Delaware. 

Mr. Ladig has authored several articles pertaining to corporate and commercial litigation in Delaware and he is a frequent speaker before groups of professionals regarding Delaware laws affecting LLCs and other business entities.  Mr. Ladig graduated with distinction from Emory University School of Law and has been a member of the Delaware Bar since 1996.

Court Of Chancery Sanctions Discovery Abuse

Monier Inc. v. Boral Lifetile, Inc., C.A. 3117-VCN (June 3, 2010)

When there is a failure to produce a relevant document in discovery,  the Court must decide what sanction to impose.  Here the Court declined to dismiss a case but awarded fees for the discoverey failure of a party.  The balancing of the failure and the penalty is interesting.

Court Of Chancery Again Dismisses Late Books And Records Case

Baca v. Insight Enterprises. Inc., C.A. 5105-VCL (June 3, 2010)

Just as it did last month in the King case, the Court of Chancery has again dismissed a complaint for inspection of a company's books and records when that complaint was filed after a derivative suit was filed and is an effort to find a a basis to sustain the derivative case.