Delaware, May, 2003, State Case law

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State Courts - Delaware - May 28 - May 29, 2003

In re NCS Healthcare, Inc. S'holders Litig., C.A. 19786, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 28, 2003, Decided
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Overview: Trial court awarded $ 10 million in fees to attorneys who represented shareholders in a lawsuit that successfully blocked merger of two corporations after the lawsuit allowed a third corporation to make a buyout offer that raised shareholder value.

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In re Walt Disney Co. Derivative Litig., CONSOLIDATED C.A. No. 15452, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 28, 2003, Decided
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Overview: In shareholders' derivative action against public entertainment corporation, its board, CEO, and former president, claiming abdication of fiduciary responsibilities in hiring and termination of president, chancery court denied motion to dismiss.

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Church v. Ferguson, Civil Action No. 02A-10-010 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 29, 2003, Decided
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Overview: Motion to dismiss the employer's appeal from the Delaware Unemployment Insurance Appeal Board was dismissed as the appeal was timely filed. As the motion for rehearing was filed within the 10 day limitation, the period for an appeal was tolled.

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Manzo v. Rite Aid Corp., No. 23, 2003, SUPREME COURT OF DELAWARE, May 29, 2003, Decided
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Seaford Assocs. Ltd. P'shp v. Subway Real Estate Corp., C.A. No. 2248-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, May 29, 2003, Decided
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Overview: Trial court denied a real estate company's motion to reargue a finding that the company defaulted on a lease and was not entitled to exercise a renewal option, as the court had neither overlooked nor misapprehended any factual or legal issues.

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Shaw v. UPS, No. 79, 2003, SUPREME COURT OF DELAWARE, May 29, 2003, Decided
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