In Rohn Industries, Inc. v. Platinum Equity LLC, download file, the Delaware Superior Court applied New York law and ruled that a decision to terminate a contract was neither arbitrary nor capricious, and was made in good faith even though it was based on faulty legal advice and, therefore, did not violate a clause in a contract that allowed termination if “the party determined in good faith that there was a reasonable basis in law and fact to conclude that the transaction could result in material asbestos liability”.