In Claybrook v. Autozone Texas, L.P., the Delaware Bankruptcy Court awarded costs to the defendants based in part on the court’s finding that the plaintiff-trustee failed to demonstrate a viable basis for his claims against the defendants.

The Third Circuit held that two liability insurance carriers have standing to object to their insured’s plan of reorganization because “when a federal court gives its approval to a plan that allows a party to put its hands into other people’s pockets, the ones with the pockets are entitled to be fully heard and to have their legitimate objections addressed.”

In Marcal, the Third Circuit addressed an issue of first impression under the Employee Retirement Income Security Act as amended by the Multiemployer Pension Plan Amendments Act: Can the portion of withdrawal liability attributable to post-petition services qualify as an administrative expense of the debtor’s estate?

Legislation effective for tax periods after December 31, 2010, requires non-resident sellers of Delaware real estate to report and remit an estimated state income tax on capital gains realized from the sale of that real estate.

In Airgas, Inc. v. Air Products and Chemicals, Inc., the Delaware Supreme Court reversed the ruling of the Delaware Chancery Court upholding the validity of a stockholder-proposed bylaw accelerating Airgas’s annual meeting by approximately eight months.

Delaware Bankruptcy Judge Shannon holds in the Accuride chapter 11 case that a noteholder, who gave erroneous information to the debtor in its subscription to a rights offering for new notes pursuant to a plan, was not entitled to an additional distribution to cover the difference in value between what it thought it was subscribing for and what it actually submitted to the debtor in its subscription form.

The Equal Employment Opportunity Commission (EEOC) has issued final regulations interpreting the Genetic Information Nondiscrimination Act (GINA), which will become effective on January 10, 2011.

In a recent opinion, the Delaware Court of Chancery considered whether creditors of an insolvent limited liability company have standing to assert derivative claims under the Delaware Limited Liability Company Act.

The Dodd-Frank Act’s adoption of say-on-pay and the SEC’s new proxy access rule implicate state law issues with regard to stockholders’ meetings. The authors discuss these issues in the context of an overview of Delaware law requirements for such meetings.