25 results for 'judge:"Cook"'.
Vice Chancellor Cook grants an investment fund access to books and records in the possession of its former management company, including communications with law firms concerning the fund, because the management agreement is nearly all-encompassing in relation to access.
Court: Delaware Chancery Court, Judge: Cook, Filed On: April 17, 2024, Case #: 2023-1099-NAC, Categories: Discovery, Contract
J. Cook grants a driver’s motion to vacate a lower court order declining to dismiss personal injury claims against him stemming from a motor vehicle accident. The driver lives in another state and the motor-vehicle collision at issue occurred in Mississippi, so the lower court lacks jurisdiction.
Court: Alabama Supreme Court, Judge: Cook, Filed On: March 8, 2024, Case #: SC-2023-0550, Categories: Vehicle, Damages, Jurisdiction
Vice Chancellor Cook dismisses claims brought against a company that terminated a software licensing agreement for drone technology after the licensee issued a press release touting the agreement and disclosing confidential information because plaintiff failed to state a claim related to the contract.
Court: Delaware Chancery Court, Judge: Cook, Filed On: January 30, 2024, Case #: 2022-0878-NAC, Categories: Contract
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Vice Chancellor Cook concludes that an interim CEO failed to act "reasonably" in firing two non-executive-officer founders of the company, which removed the roadblock for buyer LG Electronics to remove the remaining founders from the board. As such, the court compels the company to reinstate the non-executive-officers such that they may fulfill the founders' rights under the purchase agreement to select common directors.
Court: Delaware Chancery Court, Judge: Cook, Filed On: January 4, 2024, Case #: 2023-0382-NAC, Categories: Fiduciary Duty
J. Cook partly grants soda wholesalers’ motion for a writ of mandamus to vacate orders granting motions in limine that would exclude evidence regarding the original soda company’s competitive privilege and enforcement program that enforces the prohibition of bottlers selling in non-approved territories and importing from larger out-of-state wholesalers.
Court: Alabama Supreme Court, Judge: Cook , Filed On: December 15, 2023, Case #: SC-2022-0881, Categories: Trade, Business Practices, Contract
J. Cook finds the lower court improperly denied a developer's motion to do build housing on a plot of land. The local planning commission was found to not have sufficient evidence denying them permission based on safety issues and residential concerns. Reversed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: December 8, 2023, Case #: SC-2023-0017, Categories: Property, Zoning, Housing
J. Cook finds that the lower court partly erred in ruling on a wrongful death claim settlement. As it was unclear who the appropriate attorney for the deceased is, and which one had the authority to issue a settlement, the case is remanded to hold an evidentiary hearing on who is the correct attorney. Reversed in part.
Court: Alabama Supreme Court, Judge: Cook, Filed On: December 1, 2023, Case #: SC-2023-0216, Categories: Settlements, Vehicle, Wrongful Death
J. Cook grants the motion of a high school principal and superintendent for writ of mandamus to receive state-agent immunity in a case stemming from the death of a student who was inadvertently shot by a classmate who brought a gun to school. There is no evidence that the school officials acted beyond their authority.
Court: Alabama Supreme Court, Judge: Cook, Filed On: October 27, 2023, Case #: SC-2022-0981, Categories: Immunity, Negligence, Wrongful Death
J. Cook issues a writ of mandamus sought by a church assistant to dismiss defamation claims filed by a pastor against her for having informed his new church of rape allegations and writing a blog post about the incident . As the assistant resides in another state and does not have sufficient contacts with Alabama, the court lacks jurisdiction.
Court: Alabama Supreme Court, Judge: Cook, Filed On: October 13, 2023, Case #: SC-2023-0062, Categories: Employment, Defamation, Jurisdiction
Vice Chancellor Cook dismisses claims challenging a private placement transaction that included a majority shareholder of the company for failure to sufficiently allege that audit committee directors lacked independence from the majority shareholder.
Court: Delaware Chancery Court, Judge: Cook , Filed On: August 31, 2023, Case #: 2022-0310-NAC, Categories: Fiduciary Duty
Alabama Supreme Court finds the lower court properly ruled a sister can not pursue wrongful death claims against a driver who crashed into her brother’s car. The sister alleges it caused her brother’s sepsis and death six months later but failed to show enough material fact between the event and his death. Affirmed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: August 25, 2023, Case #: SC-2023-0009, Categories: Evidence, Vehicle, Wrongful Death
J. Cook finds the trial court properly ruled in favor of a community college’s breach of contract motion against an employee who refused to resign after failing to show a “fit-for-work” certificate after having had knee surgery, as was initially agreed upon between the two parties. Affirmed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: August 25, 2023, Case #: SC-2023-0098, Categories: Employment, Contract, Labor
J. Cook finds that the lower court properly ruled that an inmate’s due process rights were not violated when her parole hearing was not held in person. Gov. Ivey's emergency proclamation during the Covid-19 pandemic, which allowed the parole board to hold parole hearings remotely, did not violate Alabama law. Affirmed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: July 21, 2023, Case #: SC-2022-0538, Categories: Government, Due Process, Covid-19
Vice Chancellor Cook finds that a limited partner is not entitled to a distribution following the sale of a luxury retail store because the net return failed to meet the applicable threshold, including the deduction of mortgage removal costs that alone precluded distribution.
Court: Delaware Chancery Court, Judge: Cook, Filed On: July 17, 2023, Case #: 2017-0017-NAC, Categories: Partnerships
Vice Chancellor Cook finds for plaintiffs in claims alleging breach of contract and good faith and fair dealing brought after an LLC member unilaterally dissolved the company without regarding corporate formalities or notifying the other member. Because the entity had not generated revenue or assets, damages are assessed at a nominal amount of one dollar.
Court: Delaware Chancery Court, Judge: Cook, Filed On: June 30, 2023, Case #: 2020-0315-NAC, Categories: Corporations, Damages, Contract
Vice Chancellor Cook finds that shares of a company had not vested under the terms of the separation agreements because the performance condition had not been met before the transaction was closed.
Court: Delaware Chancery Court, Judge: Cook , Filed On: May 19, 2023, Case #: 2020-0955-NAC, Categories: Contract