The Delaware Supreme Court recently reinstated the compensation package that Tesla awarded to Elon Musk and that the Delaware Court of Chancery invalidated in two separate prior rulings, in the matter styled In re Tesla, Inc. Derivative Litigation, Del. Supr., No. 534, 2024 (Dec.19,2025). As one might expect, commentary about this ruling has already
rescission
Claims Not in Briefs Were Deemed Waived
By Francis Pileggi on
Posted in Court of Chancery Updates
Brinckerhoff v. Enbridge Energy Company, Inc., C.A. No. 5526-VCN (Del. Ch. May 25, 2012).
Issue Presented: Whether Brinckerhoff has a viable claim that may be remedied through rescission or reformation.
Short Answer: No, because Brinckerhoff’s claims for rescission and reformation were waived when he failed to mention those claims in both of his briefs…