In Gilliland v. Motorola, Inc., the Delaware Chancery Court on March 4, 2005 decided a case involving the breach by a majority shareholder, Motorola, of its duties in connection with a short-form merger. The factual circumstances cannot be explained in detail in this short blurb, but in essence, the court determined that due to the delay in the filing of the suit by the minority shareholder, that a “quasi-appraisal” was the appropriate remedy. Due to the unusual procedure posture of the case, the more conventional appraisal procedure required modification. The court found that the breach of the duty of disclosure by Motorola was neither willful nor intentional and when the case was filed it was a novel question of law whether a company that met the express statutory requirements for appraisal could still breach its duty of disclosure to the stockholders in a short-form merger. The court deferred decision as to class certification and required that the plaintiff and other minority stockholders could opt-in and return a portion of the share price to the Register in Chancery and that fair value would be determined after a class had been established. The prior decision in the case provides greater factual background and can be found at Gilliland v. Motorola, Inc., 859 A.2d 80 (Del. Ch. 2004).