25 results for 'judge:"David"'.
Magistrate David dismisses malicious prosecution claims brought against a credit card company that obtained judgment for failure to pay debt because the fourth element for malicious prosecution was not present since the judgment went against plaintiff.
Court: Delaware Chancery Court, Judge: David, Filed On: April 1, 2024, Case #: 2023-0536-BWD, Categories: Malicious Prosecution
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Magistrate David declines to dismiss claims contending pickleball games played on a homeowners association's tennis courts were disturbing nearby residents' enjoyment of their homes because association bylaws were ambiguous regarding fair use of the courts for pickleball and interference with peaceful possession.
Court: Delaware Chancery Court, Judge: David, Filed On: March 15, 2024, Case #: 2023-0895-BWD, Categories: Property
Magistrate David declines to dismiss two claims concerning the assignment of a patent invented by an agent of a company that had been frozen out of the technology in favor of the co-inventor because the claims are not time-barred according to the pleadings.
Court: Delaware Chancery Court, Judge: David, Filed On: March 4, 2024, Case #: 2022-0173-BWD, Categories: Civil Procedure, Patent
Magistrate David grants litigation expenses to the former CEO of a company that failed to disclose a government investigation to a buyer prior to merger because the CEO is entitled such under the governing bylaws and indemnification agreement. However, the CEO is not entitled to advancement for expenses incurred in his prior declaratory judgment action.
Court: Delaware Chancery Court, Judge: David, Filed On: February 19, 2024, Case #: 2023-1079-BWD, Categories: Corporations, Indemnification, Attorney Fees
Magistrate David dismisses counterclaims concerning a series of acquisition transactions for failure to state abuse of process claims and dismisses claims of tortious interference with prospective contractual relations for failure to demonstrate knowledge of or interference with a potentially valuable acquisition.
Court: Delaware Chancery Court, Judge: David, Filed On: December 8, 2023, Case #: 2022-0987-BWD, Categories: Business Expectancy, Contract
Vice Chancellor David rules that homebuyers failed to prove sellers committed fraud concerning chronic drainage problems plaguing their lot because the sellers did not misrepresent or omit material facts by previously remediating the lot to the satisfaction of the county.
Court: Delaware Chancery Court, Judge: David, Filed On: December 7, 2023, Case #: 2019-0588-BWD, Categories: Fraud, Property
Vice Chancellor David declines to appoint a receiver for a dissolved Delaware corporation for lack of possession of undistributed property that a receiver could marshal, and since assets had not been wrongly distributed upon dissolution.
Court: Delaware Chancery Court, Judge: David, Filed On: October 18, 2023, Case #: 2023-0392-BWD, Categories: Corporations
Master David grants a shareholder access to company books and records so he can value his shares and exit his investment through a sale. All arguments were abandoned at trial save for the purported cancellation of shares for failure to pay a "subscription receivable," which fails due to non-compliance with statutory procedures and failure to document the debt.
Court: Delaware Chancery Court, Judge: David, Filed On: July 27, 2023, Case #: 2023-0241-BWD, Categories: Civil Procedure, Securities, Discovery