In Rummel Klepper & Kahl, LLP v. Delaware River & Bay Authority, C.A. No. 2020-0458-PAF (Del. Ch. Jan. 3, 2022), the Court of Chancery considered Defendant’s motion to dismiss and to compel ...

Litigation strategy is a dynamic process from pre-suit through the appellate systems. For parties initiating an action, choosing the most advantageous court or “forum” is key. Attorneys and their ...

Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an ...

It may seem anomalous, at least to those unfamiliar with New York's borrowing statute, that sophisticated parties can agree to apply New York's substantive and procedural law, but a claim filed within ...

For decades, the constitutional objection to substantive due process — that is, the recognition of certain rights protected by the 14th Amendment’s liberty guarantee — has been captured by citation to ...

Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns ...