Invenergy Solar Development LLC v. Gonergy Caribbean Sarl, C.A. No. 5455-VCP (Del. Ch. Nov. 28, 2011), read opinion here.
What this Case is About:
This is a rather unremarkable decision that addressed contract interpretation issues in the context of a motion for partial summary judgment and is included for its practical utility. The Court applied contract interpretation principles of both Delaware and Illinois but found them to be the same. This case is useful for its recitation of the well-settled summary judgment standard being appropriately applied when the issue presented is one of contractual interpretation and “the dispute centers on the proper interpretation of an unambiguous contract.” See footnote 22. See also footnote 24 (a contract is not rendered ambiguous simply because the parties do not agree on its proper construction).