The Delaware Chancery Court case of Parfi Holding AB v. Mirror Image Internet, Inc., 2008 WL 4110698 (Del. Ch., Sept. 4, 2008), the opinion for which was summarized on this blog here, was affirmed without a published opinion by the Delaware Supreme Court, and now may be on its way for consideration by the U.S. Supreme Court. The case is styled before the country’s High Court as: Lygren v. Mirror Image Internet Inc., et al., No. 09-50, cert. granted (U.S. July 16, 2009). This development was reported by the Andrews Delaware Corporate Litigation Reporter at the following citation: HIGH COURT TO CONSIDER APPEAL OF DEL. ‘DOT-COM BUBBLE’ DECISION, Lygren v. Mirror Image Internet, 24 No. 2 Andrews Del. Corp. Litig. Rep. 4, Andrews Delaware Corporate Litigation Reporter , August 10, 2009. Briefs and other related documents for the SCOTUS appeal are available at: 2009 WL 2028919 (Petition for Writ of Certiorari), Appellate Petition, Motion and Filing (May 04, 2009).
Reviews on this blog of prior decisions in this case by Delaware’s Chancery Court and Supreme Court are available here. This case has a long and tortuous factual and procedural history, a discussion of which would exceed the temporal and space limitations of this short post. As reported in the referenced article in the Andrews Delaware Corporate Litigation Reporter, the following provides more insight into the SCOTUS appeal:
" … the state Supreme Court reversed and remanded the Chancery Court’s decisions the first two times the case was appealed.
But the justices refused to revive the suit a third time, when Lygren said the Chancery Court wrongly dismissed his suit after Parfi’s law firm withdrew and Delaware law prevented Lygren himself from representing the company as a non-attorney.
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After the defendants declined to file a response to the petition, the high court notified the Delaware Supreme Court that the case had been placed on the U.S. Supreme Court’s docket, so the petition will be considered for acceptance in the fall."