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Showing 65 posts in Discovery.

Plaintiff Loses Motion To Dismiss For Lack Of Jurisdiction

By Morris James LLP on February 9, 2005
Posted In Discovery, Jurisdiction
American Scheduling, Inc. v. Radiant Systems, Inc., C.A. No. 725-N, 2005 WL 736889 (Del. Ch. Feb. 09, 2005). This is a motion to quash jurisdictional discovery. The court granted the motion, quashing the discovery. More › Share

Court of Chancery Stays Discovery Applying The "Special Circumstances" Test

By Morris James LLP on February 2, 2005
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 Permits Privileged Documents For "Good Cause" Under "Mutuality of Interest" Exception

By Morris James LLP on January 26, 2005
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

Federal Court Denies Defendant's Motions Including Under Fed.R.Civ.P. 30(b)(6)

By Morris James LLP on January 10, 2005
Posted In Discovery
Westchester Fire Ins. Co. v. Household Intern., Inc., No. Civ. A. 02-1328 JJF, 2005 WL 23351 (D.Del. Jan. 5, 2005), aff'd, 167 Fed.Appx. 895 (3d Cir. 2006). In this opinion the Court considered: (1) Plaintiff's Motion For Protective Order; (2) Defendants' Motion To Compel Discovery Relating To Financial Institutions Endorsement; (3) Defendants' Motion To Compel Deposition Of Westchester's Corporate Representative Witness; and (4) Defendants' Motion To Compel Discovery Relating To Westchester's Denials And Defenses. The Court denied all of defendants motions and held plaintiff's motion moot. More › Share
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