Turnover—including the installation of new Chief Justice Leo E. Strine Jr.—didn’t stop the Delaware Supreme Court from authoring several important decisions this year. The high court was quite active in issuing multiple first-impression decisions resolving unanswered questions of law in corporate, civil and criminal cases.
Corporations
The Supreme Court decision that generated the most attention in 2014 was ATP Tour v. Deutscher Tennis Bund. In ATP, the high court upheld corporations’ right to adopt fee-shifting bylaws requiring stockholders to pay all legal costs for unsuccessful lawsuits against the company. Since the May decision, several companies including Echo Therapeutics Inc., a diabetes drug manufacturer, and Biolase Inc., a biopharmaceutical company, have adopted such bylaws.
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