In Lyondell Chemical Co. v. Ryan, (Del., Sept. 15, 2008), read Order here, the Delaware Supreme Court accepted an interlocutory appeal pursuant to Supreme Court Rule 42, despite the Chancery Court’s denial of the same request presented to it in the first instance for such a discretionary appeal of the trial court’s denial of a summary judgment motion. The Chancery Court’s decision to deny a motion for summary judgment despite the exculpatory clause pursuant to DGCL Section 102(b)(7) has generated substantial commentary in the blogosphere. My own summary of the most recent Ryan decison is available here.
Presumably, Delaware’s High Court will hear the interlocutory appeal on a schedule that is more expedited than the everyday run-of-the-mill appeal. I will update as I learn about the details.