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9 Delaware opinions name it 1 courts 2018–2024 6 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.
| Case | Followed | Cited |
|---|---|---|
Klaassen v. Allegro Development Corp.green2 sentences2022Id. § 11.01, at 11-1. 76 See Klaassen, 106 A.3d at 1047; Nevins v. Bryan, 885 A.2d 233 (Del. Ch. 2005), aff’d, 884 A.2d 512 (Del. 2005). 77 See Michelson, 407 A.2d at 219 . 130 The adoption of Sections 204 and 205 of the DGCL represents a further step toward eliminating these historical legacies. 2022The concept of a lack of corporate power that could give rise to an act being void ab initio was an “oft-recurring theme” in the “formative years of corporation law in the 19th and early 20th centuries,” when parties 76 See Klaassen, 106 A.3d at 1047; Nevins v. Bryan, 885 A.2d 233 (Del. Ch. 2005), aff’d, 884 A.2d 512 (Del. 2005). 77 See Michelson, 407 A.2d at 219 . 131 frequently invoked the ultra vires doctrine to challenge the validity of corporate action. 1 David A. Drexler et al., Delaware Corporation Law and Practice § 11.01, at 11-10 (2019). | 4 | 4 |
Carsanaro v. Bloodhound Technologies, Inc.green2 sentences2024Franklin Balotti & Jesse A. Finkelstein, The Delaware Law of Corporations and Business Organizations § 2.1 (4th ed. & Supp. 2023-1) (explaining the general inapplicability of the ultra vires doctrine based on lack of corporate power or capacity, while identifying remaining applications of the doctrine, including a charter provision that forbids the corporation from entering into particular lines of business or engaging in particular acts); see also Carsanaro v. Bloodhound Techs., Inc., 65 A.3d 618 , 648-54 (Del. Ch. 2013) (discussing ultra vires acts and the implications of Section 124 of the 2023Franklin Balotti & Jesse A. Finkelstein, The Delaware Law of Corporations and Business Organizations § 2.1 (4th ed. & Supp. 2023-1) (explaining the general inapplicability of the ultra vires doctrine based on lack of corporate power or capacity, while identifying remaining applications of the doctrine, including a charter provision that forbids the corporation from into particular lines of business or engaging in particular acts); see also Carsanaro v. Bloodhound Techs., Inc., 65 A.3d 618 , 648-54 (Del. Ch. 2013) (discussing 50 By denying the corporation the power to engage in acts outside of | 3 | 6 |
Michelson v. Duncangreen2 sentences2022Id. § 11.01, at 11-1. 76 See Klaassen, 106 A.3d at 1047; Nevins v. Bryan, 885 A.2d 233 (Del. Ch. 2005), aff’d, 884 A.2d 512 (Del. 2005). 77 See Michelson, 407 A.2d at 219 . 130 The adoption of Sections 204 and 205 of the DGCL represents a further step toward eliminating these historical legacies. 2022The concept of a lack of corporate power that could give rise to an act being void ab initio was an “oft-recurring theme” in the “formative years of corporation law in the 19th and early 20th centuries,” when parties 76 See Klaassen, 106 A.3d at 1047; Nevins v. Bryan, 885 A.2d 233 (Del. Ch. 2005), aff’d, 884 A.2d 512 (Del. 2005). 77 See Michelson, 407 A.2d at 219 . 131 frequently invoked the ultra vires doctrine to challenge the validity of corporate action. 1 David A. Drexler et al., Delaware Corporation Law and Practice § 11.01, at 11-10 (2019). | 2 | 4 |
El Paso Pipeline GP Company, LLC v. Brinckerhoffgreen2 sentences2024Franklin Balotti & Jesse A. Finkelstein, The Delaware Law of Corporations and Business Organizations § 2.1 (4th ed. & Supp. 2023-1) (explaining the general inapplicability of the ultra vires doctrine based on lack of corporate power or capacity, while identifying remaining applications of the doctrine, including a charter provision that forbids the corporation from entering into particular lines of business or engaging in particular acts); see also Carsanaro v. Bloodhound Techs., Inc., 65 A.3d 618 , 648-54 (Del. Ch. 2013) (discussing ultra vires acts and the implications of Section 124 of the 2021See generally Carsanaro v. Bloodhound Techs., Inc., 65 A.3d 618 , 648-54 (Del. Ch. 2013), abrogated on other grounds by El Paso Pipeline GP Co., L.L.C. v. Brinckerhoff, 152 A.3d 1248, 1264 (Del. 2016) (rejecting Carsanaro’s analysis of post-merger derivative 92 standing). | 2 | 2 |
Employees Retirement System of St. Louis v. TC Pipelines GP, Inc.green1 sentence2018Ch. 2013) (discussing the largely outdated concept of “capacity or power” and its relationship to the ultra vires doctrine), abrogated on other grounds by El Paso Pipeline GP Co., L.L.C. v. Brinckerhoff, 152 A.3d 1248, 1264 (Del. 2016) (rejecting Carsanaro’s analysis of post- merger derivative standing). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nevins v. Bryan
green
2 sentences2022Id. § 11.01, at 11-1. 76 See Klaassen, 106 A.3d at 1047; Nevins v. Bryan, 885 A.2d 233 (Del. Ch. 2005), aff’d, 884 A.2d 512 (Del. 2005). 77 See Michelson, 407 A.2d at 219 . 130 The adoption of Sections 204 and 205 of the DGCL represents a further step toward eliminating these historical legacies. 2022The concept of a lack of corporate power that could give rise to an act being void ab initio was an “oft-recurring theme” in the “formative years of corporation law in the 19th and early 20th centuries,” when parties 76 See Klaassen, 106 A.3d at 1047; Nevins v. Bryan, 885 A.2d 233 (Del. Ch. 2005), aff’d, 884 A.2d 512 (Del. 2005). 77 See Michelson, 407 A.2d at 219 . 131 frequently invoked the ultra vires doctrine to challenge the validity of corporate action. 1 David A. Drexler et al., Delaware Corporation Law and Practice § 11.01, at 11-10 (2019). | 2 | 2022–2022 |
Lewis v. State
green
2 sentences2022Id. § 11.01, at 11-1. 76 See Klaassen, 106 A.3d at 1047; Nevins v. Bryan, 885 A.2d 233 (Del. Ch. 2005), aff’d, 884 A.2d 512 (Del. 2005). 77 See Michelson, 407 A.2d at 219 . 130 The adoption of Sections 204 and 205 of the DGCL represents a further step toward eliminating these historical legacies. 2022The concept of a lack of corporate power that could give rise to an act being void ab initio was an “oft-recurring theme” in the “formative years of corporation law in the 19th and early 20th centuries,” when parties 76 See Klaassen, 106 A.3d at 1047; Nevins v. Bryan, 885 A.2d 233 (Del. Ch. 2005), aff’d, 884 A.2d 512 (Del. 2005). 77 See Michelson, 407 A.2d at 219 . 131 frequently invoked the ultra vires doctrine to challenge the validity of corporate action. 1 David A. Drexler et al., Delaware Corporation Law and Practice § 11.01, at 11-10 (2019). | 2 | 2022–2022 |
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.
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.