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Delaware Supreme Court Holds Receiver is Required to Defend Lawsuits After a Corporation is Wound-Up; Finds No Generally...

In Anderson v Krafft-Murphy Co. Inc., 2013 Del. LEXIS 597 (Del. Nov. 26, 2013), the Delaware Supreme Court held that Sections 278 and 279 of the Delaware General Corporation Law, 8 Del. C. §§ 278-279, require a dissolved...more

12/12/2013 - Asbestos Asbestos Litigation Corporate Dissolution Corporate Liability Court-Appointed Receivers Dissolution Liability Insurance Notice Requirements Post-Dissolution Suits Receivership Safe Harbors Statute of Limitations

Second Circuit Rejects the Application of American Pipe's Tolling Rule and Rule 15(c)'s "Relation Back" Doctrine to the Three-Year...

In In re IndyMac Mortgage-Backed Securities Litigation, No. 11-2998-CV, 2013 WL 3214588 (2d Cir. June 27, 2013), the United States Court of Appeals for the Second Circuit held that the tolling rule established by the United...more

7/17/2013 - American Pipe & Construction Co. v. Utah Relation Back Doctrine Section 11 Section 12 Securities Act of 1933 Statute of Limitations Statute of Repose Tolling

United States Supreme Court Declines to Apply the "Discovery Rule" to Extend the Five-Year Statute of Limitations for SEC Punitive...

In Gabelli v. Securities & Exchange Commission, No. 11-1274, 2013 WL 691002 (U.S. Feb. 27, 2013), the United States Supreme Court, in a unanimous opinion by Chief Justice Roberts, held that the five-year statute of...more

3/7/2013 - Discovery Rule Fraud Gabelli v SEC Investment Advisers Act of 1940 SCOTUS SEC Statute of Limitations

California Supreme Court Resolves Court of Appeal Split, Holding that Section 2010 of the California Corporations Code --...

In Greb v. Diamond Int’l Corp., 2013 WL 628328 (Cal. Feb. 21, 2013), the California Supreme Court unequivocally and unanimously laid to rest the assertion that dissolved foreign corporations may be sued in California after...more

3/1/2013 - Corporate Dissolution Foreign Corporations Greb v Diamond International Corp Post-Dissolution Suits Statute of Limitations Survival Statute

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