Andrew and Suzanne Schwartz 2000 Family Trust v. AM Apparel Holdings, Inc., 2008 WL 2877804 (Del. Ch., July 28, 2008), read opinion here.
In this Chancery Court opinion, the respondent corporation failed to establish that the claim for an appraisal was time-barred, due to the confusing and deficient notices from the corporation as to the date of the merger and other statutory requirements.
In addition, the court discussed the propriety of the plaintiff and the defendant attaching affidavits and other documents outside the record to their filings in connection with the motion for judgment on the pleadings and a motion to dismiss. See footnotes 3 and 4 for helpful procedural guidelines regarding exhibits in connection with motions to dismiss or motions for summary judgment or motion for judgment on the pleadings.