Delaware

Delaware is the first US-state, and was admitted for statehood on December 7, 1878. The state is among the smallest both by population and land-area mass, and it is divided into only three counties. The capital city, Dover is the second most populous in the state, falling behind Wilmington.

The state government of Delaware was put in place by the fourth and current constitution of the state which was adopted in 1897.  This document divided the government of the state into three branches: executive, judicial and legislative branches.

The Executive branch consists of the Governor and the Lieutenant Governor.  The Legislative Branch is the Delaware General Assembly, with a 41 seat House of Representatives and a Senate with 21 seats.  The assembly is based in Dover, with two-year terms and four-year terms, respectively.  A considerable power of the Assembly is to approve nominees appointed by the governor, and the governor gives a “state of the state” speech to the assembly each year.

The Judicial Branch consists of seven courts.  The Delaware Supreme Court is the state’s highest court, the Delaware Superior court handles trial cases of general jurisdiction and the Delaware Court of Common pleas has a limited jurisdiction of some civil and criminal matters.  The Family Court handles domestic and custody matters, and the Justice of the Peace Courts and Aldermen's Courts handle minor matters.  Additionally, the  the Third Circuit Court of Appeals has jurisdiction over Delaware.

The Delaware Court of Chancery is one of the few remaining chancery courts in the country, and it handles corporate disputes related to mergers & acquisitions, stockholder disputes, and board of directors and corporate officers.  This court uses the  Delaware General Corporation Law to inform its decisions, creating a business friendly environment for corporations. Many companies, including 60% of the companies traded on the New York Stock Exchange, are incorporated in Delaware. 

In addition to a diverse number of cases which go through the Court of Chancery, The National Law Review covers several other legal cases and disputes in the state. Tax matters, shareholder actions, bankruptcy disputes, litigation and appeals. Cases including online-driven ‘blockchain’ technologies, unclaimed property disputes, compensation history and employment law matters, and general information about administrative agencies and the government are all found on The National Law Review’s website.

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Apr
12
2017
Chancery Court Considers Who Should Decide Whether Certain Disputes Are Arbitrable — The Court Or An Arbitrator Selected By The Parties? K&L Gates
Aug
31
2017
Delaware Chancery Court Denies Motion to Dismiss and Allows Derivative Suit Against Board Members to Continue K&L Gates
May
15
2018
Court of Chancery Holds that Plaintiff Failed to Meet Burden of Proof with Respect to Mistake-Based Reformation Claim K&L Gates
Jun
26
2018
Chancery Court Allows Complaint Alleging Waste of Corporate Assets to Move Forward to Discovery as a Result of Extreme Facts K&L Gates
Sep
6
2018
Chancery Court Cites Flawed Process in its Resort to Traditional Valuation Methodology and Reliance on all Relevant Factors in a Recent Appraisal Action K&L Gates
Mar
12
2019
Purported Assignment of Limited Liability Company Interest Impacts Jurisdiction Under Conspiracy Theory of Jurisdiction K&L Gates
Apr
8
2019
Stockholder Makes Demand on United Airlines and Encounters Turbulence K&L Gates
Jul
8
2019
Withdrawn Limited Partner is Not Allowed to Inspect Books and Records K&L Gates
Sep
18
2019
Delaware Supreme Court Calculates Aruba’s Fair Value In An Appraisal Using Deal Price Minus Synergies, Reversing Lower Court’s 30-day Stock Price Calculation K&L Gates
Nov
8
2019
Delaware Court Of Chancery Holds Deal Price Generated Through Reliable Sales Process Was Fair Value K&L Gates
Dec
27
2019
Delaware Court of Chancery Dismisses Derivative Claims in Reliance on Exculpatory Language in Limited Liability Company Agreement K&L Gates
Apr
7
2020
Caremark Claim Dismissed Due to Inadequate Pleading of Demand Futility K&L Gates
Apr
28
2020
Court Reviews Fiduciary Disclosure Obligations In Connection With Seeking Investments K&L Gates
Jun
2
2020
Chancery Court Declines To Dismiss Derivative Claims For Audit Committee Oversight Failure And Unjust Enrichment K&L Gates
Aug
3
2020
Oracle Special Litigation Committee Defeats Motion to Compel Production of Protected Work Product K&L Gates
Sep
30
2020
Chancery Court Clarifies MFW Protections Must Be Implemented Prior To Any Substantive Economic Negotiations K&L Gates
Nov
18
2020
Can’t Have It Both Ways: Court Grants Grupo México’s 12(B)(2) Motion to Dismiss for Lack of Personal Jurisdiction K&L Gates
Mar
24
2022
Approval of US $237.5 Million Settlement in Boeing Derivative Action Demonstrates Impact of Section 220 Demand in ESG Litigation K&L Gates
Dec
10
2016
Chancery Court Compels Arbitration Based on Email Communications that Included all Essential Terms K&L Gates
Mar
7
2017
Delaware Court of Chancery Approves Modifying Merger-Related Class Action Settlement to Distribute Proceeds to Record Stockholders through DTC K&L Gates
May
27
2017
Chancery Court Dismisses Stockholder Derivative Suit That Challenged Excessive Equity Awards to Directors that were within the Limits Set Forth Under Stockholder Approved Equity Incentive Plan K&L Gates
Jul
10
2017
Court of Chancery Holds That Shareholder Satisfied Burden of Proof under Section 220 to Show Credible Basis to Infer That Company Misled Shareholders Regarding Biggest Client K&L Gates
Sep
26
2017
Too Many Cooks in the Kitchen – Deadlocked Management Leads to LLC Dissolution K&L Gates
Jan
4
2018
Chancery Court Holds Business Strategy Disputes May Not Be Resolved by Appointment of a Receiver Under Section 291 K&L Gates
Mar
16
2018
Court of Chancery Clarifies Method of Determining Specific Advancements K&L Gates
May
18
2018
Chancery Court Denies Motion to Dismiss Brought by Defendant Tesla Motors, Inc., After Concluding that Elon Musk is a Controlling Stockholder K&L Gates
Jun
26
2018
Motion For a Temporary Restraining Order Of Controlling Stockholders Denied as No Extraordinary Circumstances Found K&L Gates
Sep
6
2018
Controller Breaches Fiduciary Duties By Coercing Onerous Financing Terms K&L Gates
Oct
24
2018
Chancery Court Grants Motion for Preliminary Injunction Regarding Enforcement of Forum Selection Clause K&L Gates
Nov
29
2018
Activist Stockholder Aided and Abetted a Board's Breach of Fiduciary Duties but the Court Finds No Damages K&L Gates
Dec
27
2018
No Rummaging Required: Chancery Court Rules Form 10-K Adequate to Discharge Duty of Disclosure When Provided Conspicuously and Concurrently with Stockholder Proxy K&L Gates
Jan
31
2019
Chancery Court Denies Motion to Dismiss Claim for Breach of Merger Agreement Earn-Out Efforts Provision K&L Gates
Mar
12
2019
No Love Lost in Books and Records Request K&L Gates
Apr
11
2019
Court Refuses To Reform Contract Failing To Find A Scrivener’s Error K&L Gates
Jul
8
2019
Court Of Chancery Holds That Member Of Limited Liability Company Is Entitled To Advancement While Defending A Lawsuit In Its “Official Capacity” K&L Gates
 

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