Jonathan Strauss

Morris James LLP

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Delaware Supreme Court Affirms Use of Unaffected Market Price to Determine Public Corporation’s “Fair Value” in Appraisal...

Fir Tree Value Master Fund, L.P. v. Jarden Corp., No. 454, 2019 (Del. July 9, 2020) - Adding to its appraisal jurisprudence, the Supreme Court of Delaware recently affirmed the use of the unaffected trading price of a...more

8/26/2020 / Acquisitions , Appraisal , Appraisal Rights , DE Supreme Court , Deal Price , Fair Market Value , Mergers , Stock Prices

Superior Court CCLD Denies Bad Faith Counterclaim Against Insurance Companies

Arch Insurance Co. v. Murdock, C.A. No. N16C-01-104 (EMD) (CCLD) (Del. Super. May 1, 2019). In this matter between Dole Food Company and its Insurers, Dole sought coverage under their D&O policies for two underlying cases...more

5/9/2019 / Acquisitions , Board of Directors , Complex Litigation , Covenant of Good Faith and Fair Dealing , Declaratory Judgments , Mergers , Shareholders

Superior Court CCLD Holds that Contract Defenses Can Be Applied to a Declaratory Judgment Action

Bobcat North America, LLC v. Inland Waste Holdings, LLC, C.A. No. N17C-06-170 (PRW) (CCLD) (Del. Super. Apr. 26, 2019). Under Delaware law, contract defenses can apply to a declaratory judgment action when the action is...more

5/8/2019 / Acquisitions , Declaratory Judgments , Motion for Summary Judgment , Standard of Review

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