Sutherland v. Sutherland, C.A. No. 2399-VCN (Del. Ch. Sept. 21, 2011) read opinion here. The many prior decisions by the Delaware courts in the long-running, internecine saga among these parties has been highlighted on these pages here.
This letter decision would not be “blogworthy” but for its status as the latest iteration in a veritable multitude of Delaware decisions in this litigation between relatives fighting over a closely-held, family-controlled business. The letter ruling clarifies the issues to be addressed in a trial scheduled for September 22, 2011. The ambiguity arose in part because of the “curiosity” occasioned by the parties not submitting a form of order to clarify the ruling on a motion for partial summary judgment decided quite some time ago. (Though not mentioned in the ruling, that “curiosity” may have been occasioned by a change in counsel for at least one of the parties after the decision on the motion for summary judgment.)