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Civil Law

Del. Supreme Court: Fraudulent Transfer Claim Not a “Securities Claim”

Public company D&O insurance policies provide entity coverage (that is, insurance for the benefit of the insured organization) only for “Securities Claims.” But what is a “Securities Claim”? That is the question that Delaware’s courts have grappled with in a long-running dispute between the telecommunications company Verizon and its insurers.

The Delaware Superior Court had held in the ongoing dispute that a litigation trustee’s state law fraudulent transfer claims against Verizon were derivative claims and therefore qualified as a Securities … Read the rest

Supreme Court

Court to weigh in on scope of law used in Jan. 6 prosecutions

Two days after Special Counsel Jack Smith asked the justices to decide quickly whether former President Donald Trump can face criminal charges for conspiring to overturn the results of the 2020 elections, the Supreme Court agreed to hear a case that could affect the charges against Trump even if the court ultimately rules that he is not immune from prosecution. The justices on Wednesday agreed to weigh in on the use of a federal law – also at issue … Read the rest

Civil Law

US court says no distinction between managerial and non-managerial duties of directors

On 31 August 2023 the Supreme Court of Maryland held (overruling a previous decision) that there is no distinction between the ‘managerial’ and ‘non-managerial’ duties of directors of a Maryland corporation and said that the “sole source of the duties of the director is found in section 2-401.1 of the Maryland General Corporation Law (MGCL) which places the powers of the corporation in the hands of the directors.

The case involved a preliminary dispute regarding the framing of the causes of action … Read the rest

Supreme Court

Court grants review in federal employee’s filing deadlines case

The Supreme Court on Friday afternoon agreed to take up another case exploring the distinction between deadlines that are jurisdictional – so that courts cannot hear a case if they are not met – and those that are instead simply a limitations period that can be waived or extended.

The justices granted review in Harrow v. Department of Defense, the case of a federal government employee who challenged his 2013 furlough. The case was the only grant on a … Read the rest

Supreme Court

Justice O’Connor to lie in repose at court Dec. 18

Retired Justice Sandra Day O’Connor, who died last week at the age of 93, will lie in repose at the Supreme Court on Dec. 18, the court’s public information office announced on Tuesday. Members of the public will be able to pay their respects that day from 10:30 a.m. until 8 p.m.

Two private services in Washington, D.C., are scheduled to honor and celebrate O’Connor, who was the first woman to serve on the court. The first is a … Read the rest

Supreme Court

Court turns down request for relief in Arizona leadership’s voting law dispute

The Supreme Court on Monday afternoon denied a request from the leaders of the Arizona legislature to put on hold an order that would require them to be deposed about the legislature’s enactment of voting laws that make it more difficult to register to vote. In a brief unsigned order without any noted dissents, the justices turned down an emergency filing from Ben Toma, the speaker of the Arizona House of Representatives, and Warren Petersen, the president of the … Read the rest

Supreme Court

Cancer victims ask court to untangle “finality trap”

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Litigants in federal courts may unwittingly find themselves in a “finality trap,” a tricky procedural scenario in which they are unable to appeal some of their claims. This week, we highlight petitions that ask the court to consider, among other things, whether the finality trap is consistent with federal procedural … Read the rest

Supreme Court

Supreme Court refuses to reinstate Missouri Second Amendment law

The Supreme Court on Friday refused a request by Missouri to reinstate a state law that bars police officers from enforcing federal restrictions on the sale and ownership of firearms that the state believes violate the Second Amendment. A federal judge ruled earlier this year that the state law is itself unconstitutional and blocked the state from enforcing the law. In an unsigned order on Friday, the justices left that decision in place while the state’s appeal continues in … Read the rest