Delaware courts have recently issued decisions that may impact the number and types of claims brought by shareholders of Delaware companies seeking to hold directors and officers personally liable under various claims, in particular in connection with the current economic crisis.
In a much-anticipated decision, the Delaware Supreme Court recently overturned the controversial ruling of the Delaware Court of Chancery in Lyondell Chemical Company v. Ryan, C.A. Here is an analysis of the decision and its aftermath.
Part One of this article discussed the need for audio recording interviews in child custody cases to provide objective evidence. The conclusion herein discusses the ways to address the interviewer's objections to audio-taping.
The state of legal affairs for gay, lesbian, bisexual and transgendered (GLBT) issues across the county provides for a rapidly changing legal landscape. Getting personal and political about same-sex marriage is now becoming a recurrent experience ' all well-timed in light of the pending arguments and recent decisions coming from courts and legislatures across the states.
The Uniform Transfers to Minors Act, like its predecessor, The Uniform Gifts to Minors Act, is a comprehensive statutory scheme designed to allow money and property to be transferred to children easily. However, disputes have crept into family law and related proceedings. Becoming familiar with the UTMA will help you avoid problems in settling or trying cases that involve custodial assets.
The Twombly decision significantly changed the accepted standard for a motion to dismiss from "no set of facts" to enough "plausible" facts. Now, to survive a motion to dismiss for failure to state a claim, a complaint must allege "enough facts to state a claim to relief that is plausible on its face."
Counsel defending manufacturers who are alleged to have designed defective vehicles that have caused serious traffic accidents often have an uphill battle in convincing jurors that the design of their client's vehicle was not wholly responsible. But it's not all bad news.
Filed in 1981, Tenuto v. Lederle Laboratories is the oldest ongoing non-guardianship case in New York City, according to the Office of Court Administration. Now there's an award. But will it stand?
The tension between the salutary purposes of the Hatch-Waxman Act (low-cost drugs widely and quickly available to patients) and the necessity to change label warnings when science or adverse event reports show a newly appreciated risk, presents a Hobson's choice to generic drug companies, complicated by the FDA's own interpretation of its CBE regulations as inapplicable to them.
