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Civil Procedure Keyed to Babcock
Paramount Communic’nc Inc. v. QVC Network Inc.
Citation:637 A.2d 34 (Del. 1993)
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff QVC and Paramount shareholders sued Defendant Paramount in Delaware for accepting a merger agreement with Viacom, even when QVC offered a higher share price. A Defendant Paramount director was deposed by counsel for Plaintiff QVC in Texas. The director was represented personally by a Texas attorney Jamail and was also defended by Thomas from New York, counsel for Defendant Paramount. The Texas counsel Jamail did not appear anywhere else in the Delaware proceedings and was not admitted pro hac vice. During the director’s deposition Jamail abused the privilege of representing a witness in a Delaware proceeding by (1) improperly directing the witness, (2) being rude, uncivil, and vulgar, and (3) obstructing the ability of the questioner to elicit testimony. Because the director was being deposed as a Paramount witness, he should have been represented by Delaware counsel or counsel that was admitted pro hac vice. However, the court was limited in its ability to sanction the two lawyers, Jamail and Thomas because they were neither Delaware attorneys nor admitted to appear pro hac vice.
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