In Nichols v. Lewis, 2008 WL 2253192 (Del Ch., May 29, 2008), read opinion here, the Chancery Court addressed the following issues in this opinion involving a developer who bought a farm but encountered unexpected troubles regarding the seller’s duty to cooperate in post-closing matters:
1) Delaware’s version of the Anti-SLAPP statute (typically relating to suits by developers against local residents who oppose a particular development), and its permissive attorneys’ fee-shifting provision;
2) "Apparent authority" and agency law in connection with family relationships;
3) Motion to Dismiss standards in light of "notice pleading" rules, along with the opportunity for amendments to the complaint; and
4) Enforcement of "cooperation clauses" and "affiliates clauses" in agreements.