Buerger v. Apfel, C.A. No. 6539-VCL (Del. Ch. March 15, 2012).

Issue Presented

Whether equitable tolling could save claims that would otherwise be barred by the applicable statute of limitations or latches, which defendants argued should block any challenge to certain stock options and other related-party transactions.


The disputed transactions involve a company

In TravelCenters of America LLC v. Brog,  (Del. Ch., Dec. 5, 2008), read opinion here, the Chancery Court denied a claim for indemnification based on the argument that the provisions of the parties’ LLC agreement  were breached. The Court reached this conclusion notwithstanding its reasoning in an earlier opinion that the notice provisions of the agreement were not complied with