Print Issue Volume 95 - No. 5

Note, The Problem with Waste: Delaware’s Lenient Treatment of Waste Claims at the Demand Stage of Derivative Litigation

The Note addresses the Delaware courts’ treatment of waste claims at the demand stage of derivative litigation. Recent Delaware opinions indicate that waste is part of the fiduciary duty of good faith. This means that directors are not protected from claims of waste by section 102(b)(7) exculpation clauses in their corporations’ certificates of incorporation. Additionally, […]

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Note, Diversity Jurisdiction and Injunctive Relief: Using “Moving-Party Approach” to Value the Amount in Controversy

A necessary requirement for federal diversity jurisdiction is that the amount in controversy exceeds $75,000. Injunctions, however, are not a sum certain, and courts often struggle to value this intangible form of relief for purposes of diversity jurisdiction. Further compounding this problem is the fact that injunctions often differentially impact the litigants—leaving courts uncertain as […]

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