Topic
Specific performance
76 published works
Delaware Corporate & Commercial Litigation Blog
Chancery Addresses Claims Regarding Specific Performance of Merger Agreement
Cooper Tire & Rubber Co. v. Apollo (Mauritius) Holdings Pvt. Ltd., C.A. No. 8980-VCG (Del. Ch. Oct. 25, 2013). This is one of several opinions in an expedited matter that…
Delaware Corporate & Commercial Litigation Blog
Specific Performance Awarded; Reformation Based on Mistake Rejected
CC Finance LLC v. Wireless Properties, LLC, C.A. No. 5927-VCN (October 1, 2012). Why is this case noteworthy? The ruling provides practical insights into (i) the standards for summary judgment…
New York Commercial Division Round-Up Blog
Standing in Another’s Place: The Commercial Division Applies Delaware Law to Specifically Enforce a Contract
In Severstal Dearborn, LLC et al. v. RG Steel, LCC et al., No. 653351/11 (Sup. Ct June 26, 2012) (“Severstal Dearborn”), the New York Commercial Division (Kornreich, J.) recently held…
M & A Law Prof Blog
Reverse Termination Fee study
By CorporateAcquisitions MergerLawBlogger
regular readers know that Afra and I have a thing for reverse termination fees. The Practical Law Company just released a "what's market" study on reverse termination fees - Reverse Break-up…
M & A Law Prof Blog
The Latest Reverse Termination Fee Study
By CorporateAcquisitions MergerLawBlogger
The Practical Law Company has issued a new study of study of reverse termination fees and specific performance in public merger agreements. The study (which can be accessed here) covers…
Land Use Prof Blog
Marsh on Commercial Real Estate Remedies
Tanya D. Marsh (Indiana; Wake Forest) has posted Sometimes Blackacre is a Widget: Rethinking Commercial Real Estate Contract Remedies. The abstract:This Article argues that the presumption that all land is unique,…
M & A Law Prof Blog
More On Reverse Termination Fees and Merger Agreement Remedies
By CorporateAcquisitions MergerLawBlogger
I’ve mentioned reverse termination fees previously on this blog. For those of you who attended the ABA Business Law Section’s meetings in April, you’ll know that the Practical Law Company…
ContractsProf Blog
Contracts Limerick of the Week: Brackenbury v. Hodgkin
I promised last week that I would discuss Brackenbury v. Hodgkin, 102 A.2d 106(1917), and provide a companion Limerick to go with Fitzpatrick v. Michael. In that case, I suggested that…
Reverse & Render
Specific performance, Deemed findings, and Alternative lesser relief
There are three holdings in DiGiuseppe v.Lawler that are noteworthy. First, the Texas Supreme Court, reaffirms the principle that a party who obtains a favorable judgment need not file a separate notice of…
North Carolina Business Litigation Report
Western Piedmont Anesthesia, P.A. v. Barnette, November 20, 2007 (Tennille)(unpublished)
Plaintiff was entitled to specific performance of a Shareholders' Agreement requiring the Defendant, a terminated employee, to tender his shares back to the Plaintiff. The repurchase was ordered even though…