onerous standard (Delaware) · Go Syfert
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onerous standard in Delaware

10 Delaware opinions name it 2 courts 2000–2024 5 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Chen v. Howard-Andersongreen
delch · 2014 · cited in 1 Delaware opinions naming this issue, 2024–2024
1 sentence

2024Seruma did not act in the best interest of the Company or take actions in good faith on behalf of the Company and in a manner reasonably believed to be within the scope of his authority. 284 See Chen v. Howard-Anderson, 87 A.3d 648, 666 (Del.

11
Lacos Land Co. v. Arden Group, Inc.green
delch · 1986 · cited in 1 Delaware opinions naming this issue, 2020–2020
1 sentence

2020See Lacos Land, 517 A.2d at 277 (“The determination of whether it was inappropriate for [the CEO] to structure the choice of Arden’s shareholders (and its directors), as was done here, requires, first, a determination of which of his hats—shareholder, officer or director—[the CEO] was wearing when he stated his position concerning the possible withholding of his ‘support’ for future transactions unless steps were taken ‘to secure his voting position.’”). 46 the Katz decision uses the term “coercion” and is often cited as a source of governing principles. ii.

11
Ryan v. Giffordgreen
delch · 2007 · cited in 1 Delaware opinions naming this issue, 2018–2018
1 sentence

2018In the case of a nonresident defendant, Delaware courts apply a two-step personal jurisdiction analysis.80 First, the Court assesses whether there is a statutory 76 Ryan v. Gifford, 935 A.2d 258, 265 (Del.

11
Warburg, Pincus Ventures, L.P. v. Schrappergreen
del · 2001 · cited in 1 Delaware opinions naming this issue, 2008–2008
1 sentence

2008Warburg, Pincus Ventures, L.P. v. Schrapper, 774 A.2d 264, 267 (Del.2001) ("[A] complaint will not be dismissed on the group of forum non conveniens without a showing of overwhelming hardship.”); accord 14D Charles Alan Wright, Arthur R.

11
Glazer v. Zapata Corp.green
delch · 1993 · cited in 1 Delaware opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., Glazer v. Zapata, Corp., Del.Ch., 658 A.2d 176, 183 (1993) (waste claim must be supported by evidence that "an exchange ... is so one sided that no business person of ordinary, sound judgment could conclude that the corporation has received adequate consideration”), see also Brehm v. Eisner, Del.Supr., 746 A.2d 244, 263 (2000) (to effectively challenge a board's decision about executive compensation as waste, the plaintiff must demonstrate that the board acted "unconscionably]” by "irrationally squandering] or givfing] away corporate assets”).

11
Brehm v. Eisnergreen
del · 2000 · cited in 1 Delaware opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., Glazer v. Zapata, Corp., Del.Ch., 658 A.2d 176, 183 (1993) (waste claim must be supported by evidence that "an exchange ... is so one sided that no business person of ordinary, sound judgment could conclude that the corporation has received adequate consideration”), see also Brehm v. Eisner, Del.Supr., 746 A.2d 244, 263 (2000) (to effectively challenge a board's decision about executive compensation as waste, the plaintiff must demonstrate that the board acted "unconscionably]” by "irrationally squandering] or givfing] away corporate assets”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Reis v. Hazelett Strip-Casting Corp. green
delch · 2011
2 sentences

2024Entity law generally deploys three standards of review: a default standard that is highly deferential to the fiduciary, an intermediate standard under which the fiduciary must show that its actions were reasonable, and an onerous standard under which the fiduciary must show that its actions neither harmed the beneficiary nor conferred any undeserved benefit on the fiduciary.86 Delaware’s default standard of review is the business judgment rule. 87 The business judgment rule presumes that “in making a business decision the directors of a corporation acted on an informed basis, in good faith and

2022Reis v. Hazelett Strip-Casting Corp., 28 A.3d 442 , 457–59 (Del.

42022–2024
Aronson v. Lewis green
del · 1984
1 sentence

2024Ch. 2011). 87 Trados II, 73 A.3d at 43 . 88 Aronson, 473 A.2d at 812 . 47 corporation’s objectives.”89 “Only when a decision lacks any rationally conceivable basis will a court infer bad faith and a breach of duty.”90 Delaware’s intermediate standard of review is enhanced scrutiny.91 Delaware courts deploy enhanced scrutiny in specific, recurring situations marked by two features.

12024–2024
In re Trados Inc. Shareholder Litigation green
delch · 2013
1 sentence

2024Ch. 2011). 87 Trados II, 73 A.3d at 43 . 88 Aronson, 473 A.2d at 812 . 47 corporation’s objectives.”89 “Only when a decision lacks any rationally conceivable basis will a court infer bad faith and a breach of duty.”90 Delaware’s intermediate standard of review is enhanced scrutiny.91 Delaware courts deploy enhanced scrutiny in specific, recurring situations marked by two features.

12024–2024
McDonnell Douglas Corp. v. Green green
scotus · 1973
1 sentence

2020DelDOT’s position is that it only needs to articulate a non-discriminatory reason for the adverse action in order to meet its burden.** Nevertheless, if DelIDOT meets this burden, * 411 U.S. 792 (1973); Miller v. State of Delaware, Dep't of Pub.

12020–2020

Statutes the citing opinions construe

DE § 6 Del. C. § 18-1101 (4) DE § 8 Del. C. § 141 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 31 (1978–2025) CA 15 (1992–2025) WA 14 (1969–2025) IL 10 (1886–2024) DE 10 (2000–2024) PA 8 (1933–2022) MO 7 (1986–2012) LA 6 (1968–2016) NY 6 (1962–2025) OH 5 (1978–2016) KS 4 (1878–2026) NJ 4 (1980–2019) MA 4 (1994–2020) IN 4 (1957–2017) OK 4 (2011–2021) AZ 4 (1996–2016) FL 4 (1999–2015) WI 3 (2015–2020) GA 3 (1983–2014) MN 3 (1991–2015) DC 3 (2020–2026) CT 2 (1977–2002) NC 2 (2017–2025) TN 2 (2009–2022) VT 2 (2009–2009) KY 2 (2002–2022) WY 2 (1991–2020) MD 2 (1954–1989) IA 2 (1982–1994) HI 2 (1973–2007) SC 2 (1930–2013) NM 2 (2004–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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