To print this article, all you need is to be registered or login on Mondaq.com.
Delaware stockholders and directors have an important tool in
their arsenal to obtain information from a Delaware corporation:
Section 220 of the Delaware General Corporation Law
( DGCL ). The statute confers standing upon stockholders
or directors to demand inspection of the books and records of a
Delaware corporation. 8
Del. C. § 220. This post will
provide a primer on the litigation of books and records demands
pursuant to Section 220 of the DGCL before the Delaware Court of
Chancery.
The Books and Records Demand
The first step in making a books and records demand under
s. 137.1 must avoid getting too deeply into the
ultimate merits of a defamation action and should engage in a
limited analysis.
However in each case, the court took into account the
allegations of the plaintiffs already poor reputations under
the public interest weighing test found in
s. 137.1(4)(b) of the CJA. This section provides that
a judge shall not dismiss a proceeding if satisfied that the
harm likely to be or have been suffered by the responding party as
a result of the moving party s expression is sufficiently
serious that the public interest in permitting the proceeding to
continue outweighs the public interest in protecting that
Brief Facts
R.
Narayanan v. The Government of Tamil Nadu and Ors.
1, the
Nagercoil Municipal Corporation (
Municipal
Corporation) had conducted a public tender cum auction
sale of licenses to occupy (
License) shops in a
bus stand. The petitioner herein was one of the successful bidders,
who offered to pay a sum of INR 1,15,000 as a monthly fee for the
License (
License Fee). The Municipal Corporation
issued the License to the petitioner for a tenure of three years
commencing from 1 November 2019. The petitioner paid one-year s
License Fee in advance payment to the Municipal Corporation.
On 24 March 2020, the National Disaster Management Authority
To print this article, all you need is to be registered or login on Mondaq.com.
Two cases that the Ontario Court of Appeal decided in the last
year illustrate how much thought and care must go into preparing a
Joint Document Book (
JDB) for a civil trial.
Errors made regarding JDBs were key to the Court allowing both
appeals and ordering new trials. Such books are regularly filed in
commercial cases and other civil actions, so it is important to
understand the rulings.
The Two Court of Appeal Decisions
In the first case,
Girao v Cunningham, 2020 ONCA 260,
the plaintiff sued over injuries that she suffered in a car
In John Bean Tech. Corp. v. Morris & Associates, Inc., Nos. 2020-1090, 2020-1148 (Fed. Cir. Feb. 19, 2021), the Federal Circuit affirmed the district court's