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Delaware's response to inefficient, costly court systems and a comparison to federal reform

Article Abstract:

Civil court reforms implemented in the US District Court system and the Delaware state court system were designed with different objectives. The Delaware Summary Proceedings Act was passed because the state was concerned that congestion was affecting the desirability of the state as a haven. The reforms address only commercial litigation and focus on time and cost reduction. Reforms under the US Civil Justice Reform Act of 1990 are expected to improve perceptions of the federal justice system. The Act allows district courts the discretion to develop their own reforms to meet shared objectives.

Court administration

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Expedited proceedings in the Delaware Court of Chancery: things of the past?

Article Abstract:

The Delaware Court of Chancery has developed procedures since 1994 to curtail its previous liberality in hearing interim equitable relief motions. The equity court's generousness in the corporate takeover era of the 1980s has given way to considerations of judicial and litigant costs and of merits of petitioners' claims. Rules of procedure do not recognize the latter threshold motion determinations.

Practice, Delaware. Court of Chancery

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Transfers of control and the quest for efficiency: can Delaware law encourage efficient transactions while chilling inefficient ones?

Article Abstract:

Economic efficiency in transfers of company control under Delaware law can be achieved by expanding the proportionate value of the company to include any hidden cash flow contributable to the company but not to the acquirer. This approach would decrease economically inefficient transfers, such as squeeze-out transactions, while not discouraging economically efficient transfers.

Business enterprises, Minority stockholders, Stock transfer, Business registration

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