Delaware Conversion Law

Marjo Alberto Lopez Garza v. Citigroup, Inc.

Under Federal Rule of Civil Procedure 41(d), a district court may order a plaintiff who voluntarily dismisses an action 3 and files a second action against the same defendant based upon a claim asserted in the first action to pay the “costs” incurred by the defendant in the first action. The issue presented (one of first impression in this Court) is whether a district court may award a... More...

$0 (02-23-2018 - DE)

In Re: Trump Entertainment Resorts

The facts giving rise to this appeal are undisputed. The Debtors own and operate the Trump Taj Mahal casino in Atlantic City, New Jersey. The casino employs 2,953 employees, 1,467 of whom are unionized. UNITE HERE Local 54 is the largest of the employee unions, representing 1,136 employees. The most recent CBA between the Union and Taj Mahal was negotiated in 2011 for a three-year term. It co... More...

$0 (04-03-2016 - DE)

Marino v. Patriot Rail Company LLC

The facts are drawn from the affidavits and supporting documents that the parties submitted in connection with their motions for summary judgment. The parties agreed in their briefs and at oral argument that there were no disputes of material fact that would affect the outcome. Pursuant to Court of Chancery Rule 56(h), the cross-motions therefore became “the equivalent of a s... More...

$0 (03-01-2016 - DE)

ESG Capital Partners II, LP, et al. v. Passport Special Opportunities Master Fund, LP, et al.

Non-party Timothy Burns formed ESG Capital Partners II, LP (the ―Partnership‖) for a limited purpose. After raising money from investors, the Partnership would purchase shares of stock of Facebook, Inc. before that company‘s then-anticipated initial public offering. Preferably once Facebook had completed a successful IPO, the Partnership would distribute to its in... More...

$0 (12-20-2015 - DE)

Pipal Tech Ventures Private Limited v. MoEngage, Inc.

Plaintiff Pipal Tech is a closely-held corporation formed in 2011 under the laws of India with its principal place of business in India.4 Pipal Tech is in the business of developing, licensing, and supporting mobile and web-based applications. Non-parties Amit Baid, Raviteja Dodda, and Yashwanth Kumar are the founders of Pipal Tech.6 Dodda and Kumar are also former executives and board The fact... More...

$0 (12-19-2015 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources, et al.

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once part of a planned, but never used, industrial park owned by the University of Delaware. The land was acquired from the University by the State Department of Natural Resources and Environmental Control (“DNREC”), ... More...

$0 (12-01-2015 - DE)

Aaron Houseman and Nancy Houseman v. Eric S. Sagerman, et al.

In 1996, Nancy Houseman and her husband Aaron Houseman (together the ―Housemans‖) formed Med-Legal, Inc.,2 which they sold to Universata, Inc. (―Universata,‖ or the ―Company‖) in 2006 for a seven-year stream of payments totaling approximately $9 million.3 In 2009, after the Company had difficulty making their payments, the Housemans and Uni... More...

$0 (11-20-2015 - DE)

Doberstein v. G-P Industries, Inc.

Plaintiff, Anne L. Doberstein, is an individual who primarily works and resides in Switzerland. Doberstein also owns a residence located at 103 East Pembrey Drive in Wilmington, Delaware. In October 2012, Doberstein entered into a contract with G-P (the “Agreement”), under which G-P agreed to serve as the general contractor on a significant home renovation project at Dober... More...

$0 (11-01-2015 - DE)

Ernesto Espinoza v. Mark Zuckerberg, et al

This case presents a question of first impression: Can a disinterested controlling stockholder ratify a transaction approved by an interested board of directors, so as to shift the standard of review from entire fairness to the business judgment presumption, by expressing assent to the transaction informally without using one of the methods the Delaware General Corporation Law... More...

$0 (10-28-2015 - DE)

In re Genelux Corporation

Plaintiff Genelux Corporation (the ―Company‖) is a privately held, clinical stage biopharmaceutical company incorporated in Delaware and headquartered in San Diego, California, with additional operations in Germany. Intervenor, Dr. Aladar Szalay, along with Dr. Douglas Will and Dr. John Thomas (together, the ―Founders‖), founded Genelux around 2001. In... More...

$0 (10-22-2015 - DE)

Eitan Konstantino v. AngioScore, Inc., et al.

Plaintiff Dr. Eitan Konstantino was one of the founders of Angioscore. Konstantino served as an officer of AngioScore from its formation in 2003 until March 31, 2007, and as a director of AngioScore from 2003 until February 5, 2010. AngioScore is a Delaware corporation. It develops, manufactures, and markets the AngioSculpt Scoring Balloon Catheter (“AngioSculpt”) for bo... More...

$0 (10-04-2015 - DE)

Lieberman v. Electrolytic Ozone, Inc.

In a prior decision issued May 29, 2013, Israel Discount Bank of New York v. First State Depository Co., LLC,1 I determined the liability of First State Depository Co., LLC (“FSD”), and Certified Assets Management, Inc. (“CAMI”), to Israel Discount Bank (“IDB”). That case, which the parties have referred to as the “Related Action,” involved the mishandling of c... More...

$0 (08-31-2015 - DE)

Israel Discount Bank of New York v. Higgins, et al.

In a prior decision issued May 29, 2013, Israel Discount Bank of New York v. First State Depository Co., LLC,1 I determined the liability of First State Depository Co., LLC (“FSD”), and Certified Assets Management, Inc. (“CAMI”), to Israel Discount Bank (“IDB”). That case, which the parties have referred to as the “Related Action,” involved the mishandling of c... More...

$0 (08-31-2015 - DE)

Fox v. CDX Holdings, Inc.

Caris Life Sciences, Inc. (―Caris‖ or the ―Company‖) was a privately held Delaware corporation. Through subsidiaries, it operated three business units: Caris Diagnostics, TargetNow, and Carisome.1 Caris Diagnostics was consistently profitable. TargetNow generated revenue but not profits. Carisome was in the developmental stage. To achieve the dual goals... More...

$16260332 (07-28-2015 - DE)

American Mining Corporation v. Michael Theriault

This is an appeal from a post-trial decision and final judgment of the Court of Chancery awarding more than $2 billion in damages and more than $304 million in attorneys' fees. The Court of Chancery held that the defendants-appellants, Americas Mining Corporation ("AMCâ€), the subsidiary of Southern Copper Corporation's ("Southern Peruâ€) controlling shareholder, and affiliate directors ... More...

$0 (08-29-2012 - DE)

A.W. Financial Services, S.A. v. Empire Resources, Inc., et al.

The United States District Court for the Southern District of New York (The Honorable Sidney H. Stein) (the "Southern Districtâ€) has certified to us, under Article IV, Â§ 11(8) of the Delaware Constitution and Rule 41 of this Court,1 four questions relating to Delaware's Escheat Statute. Those questions arose in a pending action in the Southern District brought by plaintiff, A.W. Financial... More...

$0 (09-15-2009 - DE)

Joyce O'Neal, etc. v. State Farm Mutual Automobile Insurance Company, et al.

Joyce O'Neal, as Administrator of the Estate of Elizabeth Reader, appeals from a Superior Court order granting State Farm's motion for summary judgment. After drinking several beers and smoking crack cocaine, Reader embarked on a personal errand in a van owned by her employer and insured by State Farm. Around midnight on July 10, 2006, she pulled that van onto the shoulder of I-495. For reasons un... More...

$0 (07-23-2009 - DE)

Mark Levy v. Sterling Holding Company, LLC; National Semiconductor Corporation; Fairchild Semiconductor International, Inc.

Mark Levy filed a shareholder derivative suit on behalf of Fairchild Semiconductor International, Inc. ("Fairchildâ€) against Sterling Holding Company, LLC ("Sterlingâ€) and National Semiconductor Corporation ("Nationalâ€) for disgorgement of short-swing profits, pursuant to section 16(b) of the Exchange Act of 1934. National and Sterling contend that two separate SEC Rules, 16b-3 a... More...

$0 (10-01-2008 - DE)

<a href="http://www.ca3.uscourts.gov/opinarch/054901p.pdf" target="_new">Larry Morrison v. Madison Dearborn Capital Partners, III, L.P., et al.</a>

Larry Morrison, a shareholder of XM Satellite Radio Holdings, Inc. ("XM"), brought a derivative suit under Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), to recover alleged short-swing profits realized by corporate insiders Madison Dearborn Capital Partners III, L.P, Madison Dearborn Special Equity III, L.P., Madison Dearborn Partners III, L.P., and Madison Dea... More...

$0 (10-17-2006 - DE)

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc.

Power Integrations (OTC: POWI), the leader in high-voltage analog integrated circuits for power conversion, today announced that it has won a verdict in its patent-infringement lawsuit against Fairchild Semiconductor. A jury found that Fairchild has willfully infringed all four Power Integrations patents asserted in the case, and has awarded Power Integrations damages of approximately $34 milli... More...

$34000000 (10-11-2006 - DE)

<a href="http://www.ca3.uscourts.gov/opinions/004287.pdf" target="_new">Alex Tse, et al. v. Ventana Medical Systems, Inc., et al.</a>

The plaintiffs, former shareholders of Biotek Solutions, Inc., ("Biotek"), appeal the District Court's order granting summary judgment for the defendants, Ventana Medical Systems, Inc. ("Ventana"), and Jack Schuler and John Patience, two of Ventana's officers, in this securities action brought pursuant to S 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. S 78j(b), S.E.C. ... More...

$0 (07-12-2002 - DE)

W.R. Grace & Co.-Conn. v. Intercat, Inc. and Conoco, Inc.

Patent Infringement - W.R. Grace & Co.-Conn. owned five patents relating to a composition, or the use of a composition, to reduce sulfur oxide emissions from hydrocarbon conversion processes. From these patents, Grace produced a product called DESOX which attained a 95% market share for sulfor oxide reduction processes. Grace sued for patent infrinegment when defendant, Intercat, Inc., introduce... More...

$15966572 (08-09-1999 - DE)