Showing 290 posts in Fiduciary Duty.
Court of Chancery Stays Discovery Applying The "Special Circumstances" Test
Posted In Derivative Claims, Discovery, Fiduciary Duty
George D. Orloff, et al. v. Lloyd J. Shulman, et al., C.A. No. 852-N, 2005 WL 333240 (Del. Ch. Feb. 02, 2005).
Minority shareholders of LLC brought a derivative suit for corporate waste and breach of fiduciary duties. Defendants filed a motion to stay discovery pending the resolution of a motion to dismiss. The court granted it. More ›
Share
Court of Chancery Denies Answer Amendment On Public Policy Grounds
Posted In Business Torts, Derivative Claims, Fiduciary Duty
Oliver, et al. v. Boston University., et al., C.A. No. 16570-NC (Del. Ch. Jan. 28, 2005).
Plaintiff filed a motion to amend its answer to limit its liability exposure to its shareholders in a publicly traded corporation, by asserting an affirmative defense under the law of Massachusetts. More ›
Share
Court of Chancery Permits Privileged Documents For "Good Cause" Under "Mutuality of Interest" Exception
Posted In Discovery, Fiduciary Duty
In re Freeport-McMoran Sulphur, Inc. Shareholder Litig., C.A. No. 16729, 2005 WL 225040 (Del. Ch. Jan. 26, 2005).
This discovery-related action involves a claim of access to defendant-corporation's documents listed in its privilege log through a motion to compel. The court granted the motion in part, but denied production of the shareholder repurchase document. More ›
Share
Court of Chancery Holds Limitation Statutes Run From Notice Of Wrongful Act
Posted In Breach of Contract, Fiduciary Duty, LP Agreements
Jacques Pomeranz, et al. v. Museum Partners, L.P., C.A. No. 20211, 2005 WL 217039 (Del. Ch. Jan. 24, 2005).
In this motion to dismiss opinion, the court examines whether the claims were tolled or untimely and held against the plaintiff. The plaintiff had instituted contract claims, fiduciary duty violation claims and a breach of the limited partnership agreement claim against the defendant-partners. More ›
Share
Superior Court Grants Defendant's Motion to Dismiss Based on Doctrine of Res Judicata
Posted In Fiduciary Duty, Jurisdiction
Best Drywall Inc. v. Feeheley, C.A. No. 03C-04-005 (Del. Super. Ct. Jan. 6, 2005)
The plaintiff brought an action against a former officer for fraud, unjust enrichment, and breach of fiduciary duty. The defendant moved to dismiss based on doctrine of res judicata because a similar case had been brought and dismissed for failure to prosecute in the Court of Chancery. The Superior Court granted the motion to dismiss. More ›
Share