In Carlyle Investment L.L.C. v. Moonmouth Company S.A., C.A. No. 7841-VCP (Del. Ch. Sept. 10, 2015), the Delaware Court of Chancery grants the rare motion to strike a part of the complaint that the court considers scandalous or impertinent pursuant to Court of Chancery Rule 12(f). See Slip op. at 45-46.

In addition, the court addresses other topics of interest to corporate and commercial litigators:

  • comparison of the concepts of collateral estoppel; stare decisis and “law of the case”.
  • whether claims made in the complaint were in violation of a prior release, and if non-signatories of the release were bound in light of being affiliated with signatories.
  • one of the documents called for the application of English law, but the parties did not provide sufficient citation to controlling English authority, so the court applied Delaware law.
  • the court also addressed issues of Dutch law and New York law, in particular the impact on contract interpretation under New York law of punctuation and grammar rules