Can the Delaware Court of Chancery award damages to a defendant who was improperly enjoined by an order that dispensed with the need for a bond because of the parties’ prior contractual waiver that a bond be required? Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Court of Chancery holding that the court lacks subject matter jurisdiction to award damages for an improvidently granted injunction in the absence of a bond or other security.
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