In the New York Times, Adam Liptak has a piece on the trend of Supreme Court opinions accepting and restating facts appearing in amicus briefing, some of which facts are later revealed to be erroneous or based on questionable studies: "Seeking Facts, Justices Settle for What Briefs Tell Them." This is a phenomenon that was heavily criticized by Justice Scalia in his dissent in Sykes v. United States, No. 09-11311 (2011):
Posts for "Appeals" filter
At the Volokh Conspiracy, David Post has commentary and analysis of ABC v.
We have previously looked at issues surrounding the contractual enforceability of settlement agreements.
Harvard Law School's Forum on Corporate Governance and Financial Regulation has published a revised version of "Top Ten 2013 Delaware Corporate and Commercial De
Eugene Volokh reports on a recent decision that addressed the propriety of a judge presiding over a case in which one of the attorneys is his or her Facebook "friend."
The Chancery Daily is reporting that the Plaintiff in Aibar Huatuco, M.D. v. Satellite Healthcare, CA No. 8465-VCG (Del. Ch. Dec.
UPDATED 1/8/14 at 3:09 PM: Governor Markell's office confirms that Chancellor Strine has been nominated for the position of Chief Justice of th
A number of recent decisions from the Delaware courts are discussed below.
After concluding that neither party had presented a reasonable valuation alternative method, the Court of Chancery used the merger price to determine “fair value” in a recent statutory appraisal proceeding where the sales process leading up to the merger had been judicially challenged, reviewed a
Chief Justice Myron Steele of the Delaware Supreme Court has announced his retirement, effective November 30.