Delaware, July, 2008, State Case law

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State Courts - Delaware - July 29, 2008

E.I. du Pont de Nemours & Co. v. Bayer CropScience L.P., C.A. No. 3741-VCL, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 29, 2008, Decided
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Overview: Purchaser was not entitled to preliminary injunction directing seller to perform under supply agreement because purchaser did not demonstrate likelihood of success on the merits where agreement did not expressly allow purchaser to mix licensed compound with an active ingredient that was not one of the purchaser's patented or proprietary compounds.

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Handler Corp. v. State Drywall Co., No. 620, 2007, SUPREME COURT OF DELAWARE, July 29, 2008, Decided
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In re TD Banknorth S'holders Litig., C.A. No. 2557-VCL, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 29, 2008, Decided
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Overview: Investors contesting a bank's acquisition of another bank met the adequate representation requirements of Del. Ch. Ct. R. 23(a)(4) because (1) they had sufficient knowledge of and participation in the litigation, and (2) it was not shown that an investor was improperly solicited or that an investor had an improper relationship with outside counsel.

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Patterson-Woods & Assocs., LLC v. Realty Enters., LLC, CIVIL ACTION NUMBER 05C-01-224-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2008, Decided
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Overview: A tenant's motion for reargument of the portion of an order holding that an indemnification provision in a lease did not cover a LLC's tort claims because the parties did not cover each other's negligence, damages for negligence or non-contractual tort claims in the lease. The indemnification clause only related to brokerage fees or commissions.

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Ryan v. Lyondell Chem. Co., C.A. No. 3176-VCN, COURT OF CHANCERY OF DELAWARE, KENT, July 29, 2008, Decided
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Overview: Price per share offered in merger was fair and might have been best reasonably obtainable in market, but board did nothing (or virtually nothing) to confirm superiority of price but, nonetheless, it provided acquiring company full complement of deal protections, so board was not entitled to summary judgment on claim challenging merger approval.

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Terr. of the United States V.I. v. Goldman, Sachs & Co., No. 36, 2008, SUPREME COURT OF DELAWARE, July 29, 2008, Decided
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Watson v. Zegas, No. 606, 2007, SUPREME COURT OF DELAWARE, July 29, 2008, Decided
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Overview: Inmate's appeal of the dismissal of his replevin complaint against an attorney for the return of the inmate's legal papers was dismissed as moot because the inmate confirmed that he received the legal papers that were returned by the attorney.

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