In Re Fuqua Industries, Inc. Shareholders Litigation, a case that was originally filed in 1991, and currently on a Consolidated Third Amended Derivative Complaint, was the subject of prior decisions, but in this opinion Chancellor Chandler allowed an entrenchment claim to proceed to trial due to genuine issues of material fact, in the context of a Motion for Summary Judgment. Among other claims and defenses, the opinion addressed the requirements for an entrenchment claim to include the following: “In order to rebut the business judgment rule, a successful claim of entrenchment requires plaintiffs to prove that the defendant directors engaged in actions which had the effect of protecting their tenure and that the action was motivated primarily or solely for the purpose of achieving that goal.” The entrenchment allegation involved a large stock redemption plan. The case also involved alleged breaches due to some directors receiving more for their stock from a third party in exchange for favors granted to the buyer. The court noted, however, that plaintiffs need not prove damages in order to establish a breach of the duty of loyalty. The full opinion is available here.