Topic
Standing
1,057 published works
Constitutional Law Prof Blog
In case you missed it . . . the “Welcome Back” Edition!
By ConLawProf initials at end of post
Hello Law Profs (and other readers!). As we all know, some stories generate sustained media attenion while others fly under the radar. Here is a list of cases you may…
New York Business Divorce
Judicial Estoppel Doctrine Defeats Ex-Convict’s Standing to Bring Shareholder Derivative Action Based on Failure to Disclose Alleged Stock Interest to Probation Authorities at Time of Sentencing
Ex-convict Chip Watkins likely thought he'd paid his debt to society when he completed his jail sentence. As it turned out, however, Watkins short-changed society by failing to disclose to…
Insurance Litigation & Regulatory Law Blog
California Supreme Court Further Clarifies Scope of UCL Claims Following Proposition 64
By Larry Golub
On June 29, 2009, the California Supreme Court issued two decisions that restrict the use of California Business & Professions Code section 17200, otherwise known as the Unfair Competition Law…
Chicago IP Litigation
Post-Filing Patent Assignement Cannot Create Standing
MacLean-Fogg Co. v. Edge Composites, L.L.C., No. 08 C 6367, Slip Op. (N.D. Ill. Apr. 14, 2009) (Conlon, J.). Judge Conlon granted defendants' motion to dismiss. Plaintiffs (collectively "MacLean") alleged…
Delaware Corporate & Commercial Litigation Blog
Chancery Court Dismisses Class Action Allegations of Overpayment in Recapitalization Transaction on Standing Basis But Disclosure Claims Allowed to Proceed
Dubroff, et al. v. Wren Holdings, LLC, et al., Del. Ch., No. 3940-VCN (May 22, 2009), read opinion here. Kevin Brady, a highly-respected Delaware litigator, provides us with the benefit of his…
Florida Probate & Trust Litigation Blog
3d DCA reverses itself on standing of discharged foreign executor to sue in Florida
Juega ex rel. Estate of Davidson v. Davidson, --- So.2d ----, 2009 WL 321564 (Fla. 3d DCA Feb 11, 2009) The basic rule in Florida is that a representative party…
Delaware Corporate & Commercial Litigation Blog
Selling Corporation Lacked Standing to Make Post-Merger Claim for Selling Shareholders
HLSP Holdings Corp. v. Fortune Management, Inc., Del. Super., C.A. No. 08C-08-175 WCC (March 31, 2009), read opinion here. This Delaware Superior Court decision granted a summary judgment motion to…
New York Trusts & Estates Litigation
Court Considers Estate Planning Documents In Deciding Corporate Dispute
This week's entry discusses a recent case in which a decedent's estate planning documents were relevant in determining the outcome of a corporate dispute.
New York Business Divorce
Undocumented Stock Interests Invite Challenges to Standing in Corporate Dissolution Cases: Part Three
In the last of a three-part series on disputes over stock ownership in corporate dissolution cases, this week's New York Business Divorce examines a case decided by New York County…
New York Business Divorce
Undocumented Stock Interests Invite Challenges to Standing in Corporate Dissolution Cases: Part Two
In the second of a three-part series on challenges to stock ownership in corporate dissolution cases, this week's New York Business Divorce looks at a recent post-trial ruling by Kings…