6 Delaware opinions name it 2 courts 1948–2024 2 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 |
|---|---|---|
Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLPgreen2 sentences2019Ch. 2013). 2 See id. at 157, 162 . 1 did not retain their ability to assert privilege over the pre-merger attorney-client communications because they neither negotiated for language in the merger agreement preserving the right to assert privilege over the communications nor prevented the surviving company from taking actual possession of the communications. 2019Section 259 provides, “all property, rights, privileges, powers and franchises, and all and every other interest shall be thereafter as effectually the property of the surviving or resulting corporation . . . .”25 The Court concluded that “privileges” included evidentiary privileges over attorney-client communications.26 Applying this rule, the Court held that absent “an express carve out, the privilege over all pre-merger communications—including those relating to the negotiation of the merger itself— passed to the surviving corporation in the merger . . . .”27 For sellers worried about losin | 1 | 2 |
Atlantic Lumber Corp. v. Waxmangreen2 sentences1948See Martin v. Martin, supra. Since Section 9 of the Uniform Fraudulent Conveyance Act, insofar as it permits a creditor to have the conveyance set aside or the obligation annulled to the extent necessary to satisfy a creditor’s claim, is but declaratory of the pre-existing law in this state, see Blumenthal v. Blumenthal, supra, and see Atlantic Lumber Corporation v. Waxman, 162 Md. 191 , 159 A. 593 , it would seem to follow that the defense of loches is still available where plaintiff seeks relief in the Court of Chancery. 1948See Martin v. Martin, supra. Since Section 9 of the Uniform Fraudulent Conveyance Act, insofar as it permits a creditor to have the conveyance set aside or the obligation annulled to the extent necessary to satisfy a creditor’s claim, is but declaratory of the pre-existing law in this state, see Blumenthal v. Blumenthal, supra, and see Atlantic Lumber Corporation v. Waxman, 162 Md. 191 , 159 A. 593 , it would seem to follow that the defense of loches is still available where plaintiff seeks relief in the Court of Chancery. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Abdi v. NVR, INC.
green
2 sentences2024To prevail on an estoppel theory, a party must show that it: “(i) lacked knowledge or the means of obtaining knowledge of the truth of the facts in question; (ii) reasonably relied on the conduct of the party against whom estoppel is claimed; and (iii) suffered a prejudicial change of position as a result of [its] reliance.”179 How DWAC and the Director Defendants lacked knowledge of the facts needed to calculate the 175 Cf. Abdi v. NVR, Inc., 945 A.2d 1167 (Del. 2008) (TABLE) (holding that the failure to plead an affirmative defense in the answer to a complaint constitutes a waiver of the rig 2018Cf. Abdi v. NVR, Inc., 945 A.2d 1167 (Del. 2008) (holding that the failure to plead an affirmative defense in the answer to a complaint constitutes a waiver of the right to assert that defense); Kaplan v. Jackson, 1994 WL 45429 , at *2 (Del. | 2 | 2018–2024 |
Mumford v. Croft
green
2 sentences1966Mumford v. Croft, 8 Terry 464 , 93 A.2d 506 (Super.Ct.Del.1952). 1966Mumford v. Croft, 8 Terry 464 , 93 A.2d 506 (Super.Ct.Del.1952). | 1 | 1966–1966 |
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.