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Derivative Suit Collateral Estoppel

Farrell Fritz, P.C.

Legal Déjà Vu: The Law of Preclusion and Re-Litigation of Standing-Based Dismissals

Farrell Fritz, P.C. on

Dismissals for lack of standing are routine in business divorce cases. Examples abound on this blog. Litigation over standing to sue takes an outsized role in business divorce cases for many reasons....more

Morris James LLP

Chancery Addresses Real-Party-In-Interest and Collateral Estoppel Doctrines in Section 225 Dispute

Morris James LLP on

Hawk Investment Holdings Ltd. v. Stream TV Networks Inc., C.A. No. 2022-0930-JTL (Del. Ch. Nov. 29, 2022) - This Section 225 decision involved Stream TV Networks, Inc. and its secured creditor, Hawk Investment Holdings...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - April 2020

This issue includes summaries and associated court opinions of selected cases principally decided between October 2019 and January 2020. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Implications of Walmart on Preclusive Effect of Demand Futility Decisions

In the recent opinion California State Teachers’ Retirement System v. Alvarez (Walmart), the Delaware Supreme Court addressed the preclusive effect of demand futility decisions rendered by one court on derivative litigation...more

A&O Shearman

Delaware Court Of Chancery Recommends Limiting The Preclusive Effect Of Prior Decisions On Demand Futility In Derivative Lawsuits ...

A&O Shearman on

On July 25, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery issued a supplemental opinion, responding to a remand order from the Delaware Supreme Court, in which Chancellor Bouchard recommended that the...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

Morris James LLP

How Collateral Estoppel Can Be Your Best Friend in Stockholder Litigation

Morris James LLP on

Two recent decisions from the Delaware Court of Chancery have dusted off the venerable doctrine of collateral estoppel to dismiss stockholder claims. Of course, this issue is not new in Delaware. In 2013, the Delaware Supreme...more

Katten Muchin Rosenman LLP

Delaware Supreme Court Upholds Collateral Estoppel in Multiforum Litigation

The Delaware Supreme Court recently held that the dismissal of a shareholder derivative suit by a California federal court had a preclusive effect on a substantially similar suit pending in the Delaware Chancery Court against...more

Allen Matkins

Delaware Supreme Court Upholds Federalism, Comity & Finality

Allen Matkins on

In Delaware Court of Chancery “Overrules” Federal Court, I discussed Vice Chancellor J. Travis Laster’s opinion in Louisiana Municipal Police Employees’ Retirement System v. Pyott, C.A. No. 5795-VCL (Del. Ch. June 11, 2012)....more

Proskauer Rose LLP

Delaware Supreme Court Issues Decision Upholding Collateral Estoppel in Shareholder Derivative Actions

Proskauer Rose LLP on

The Delaware Supreme Court issued a decision on April 4, 2013, in Pyott v. Louisiana Municipal Police Employees' Retirement System concerning duplicative shareholder derivative actions and the "race to the courthouse" that...more

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