Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
Shiftan v. Morgan Joseph Holdings, Inc., C.A. No. 6424-CS (Del. Ch. Jan. 13, 2012), read opinion here.
Issues Addressed:
(i) Whether the Court may consider in an appraisal action a contractually required redemption event in the certificate of incorporation, scheduled to occur six months after the merger, in determining the fair value…
Krieger v. Wesco Financial Corp., C.A. No. 6176-VCL (Del. Ch. Oct. 13, 2011). Read opinion here from the Delaware Court of Chancery in this case of first impression.
Issue Addressed
Whether holders of common stock were entitled to appraisal rights under DGCL Section 262 when those stockholders could elect to receive merger consideration in the…
Andrew and Suzanne Schwartz 2000 Family Trust v. AM Apparel Holdings, Inc., 2008 WL 2877804 (Del. Ch., July 28, 2008), read opinion here.
In this Chancery Court opinion, the respondent corporation failed to establish that the claim for an appraisal was time-barred, due to the confusing and deficient notices from the corporation as to …