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

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Showing 2 posts in Sanctions.

Court of Chancery Addresses Attorney Conduct and Sanctions

Posted In Sanctions

Lendus, LLC v. Goede, C.A. No. 2018-0233-SG (Del. Ch. Dec. 10, 2018)

The Court of Chancery respects zealous advocacy, but demands professionalism and degrees of civility, among counsel and the parties.  Every few years a non-Delaware attorney admitted pro hac vice goes too far in aggressively representing his or her client in a Delaware litigation.  This decision discusses boundaries that should not be crossed, especially in a deposition.  Name calling, sarcasm, aggressive behavior, and other forms of bullying are not permitted and may result in the loss of the right to practice before the Court.

Court Of Chancery Sanctions Litigant For Fabricating Evidence And Violating Orders In LLC Dispute

Posted In Sanctions

Sara Ensing v. Hans Ensing, C.A. No. 12591-VCS (Mar. 6, 2017)

This case involves the unfortunate deterioration of a marriage, as well as the couple’s winery venture, carried on through various LLCs.  The decision illustrates the seriousness with which the Court of Chancery views the fabricating of evidence and the violations of its orders, including the status quo orders typically entered by the Court in control disputes. It also discusses interesting expert evidence on the subject of metadata used to prove the inauthenticity of certain electronic documents. In the end, the ill-behaving litigant was ordered to pay two-thirds of its adversary’s fees and expenses, as well as the expert witness fees and expenses.