Impact Investments Colorado II, LLC v. Impact Holding LLC, C.A. No. 4323-VCP (Del. Ch. Aug. 31, 2012), read opinion here. This 37-page opinion is rather unremarkable to the extent that it does not announce any new law nor does it clarify existing law. Nonetheless, it contains useful discussions of contract interpretation principles as well
Rule 56
Chancery Considers Extrinsic Evidence in Granting Motion for Summary Judgment
By Francis Pileggi on
Posted in Chancery Court Updates
GRT, Inc. v. Marathon GTF Technology, Ltd., C.A. No. 5571-CS (Del. Ch. June 21, 2012).
This relatively short decision offers important statements of Delaware law on contract interpretation and summary judgment standards.
In addition to nuanced aspects of Court of Chancery Rule 56, it will be useful for the practitioner to be aware that…
Chancery Court Grants Partial Summary Judgment to Both Parties in Self-Dealing Case
By Francis Pileggi on
Posted in Chancery Court Updates
Rhodes v. SilkRoad Equity, LLC, Del. Ch., No. 2133-VCN (April 15, 2009), read letter opinion here. Prior opinions in this case from the Delaware Chancery Court were reviewed on this blog here.
Kevin Brady, a highly respected Delaware litigator, provides us with the benefit of his following review of this Delaware Chancery Court decision.
On April 15…
Chancery Distinguishes Contract-Based and Common Law-Based Fiduciary Duty Voluntarily Assumed
By Francis Pileggi on
Posted in Chancery Court Updates
In re: Cencom Cable Income Partners, L.P. Litigation, (Del. Ch., Nov. 26, 2008), read opinion here.
This Chancery Court decision denied in part and granted in part Defendants’ motions for summary judgment involving issues of fiduciary duty and candor. (see footnote 1 for citations to three prior opinions in this case.)
In…
Chancery Denies Summary Judgment on Claim of Breach of Good Faith and Fair Dealing Due To Factual Issue Regarding Missed Deadline
By Francis Pileggi on
Posted in Chancery Court Updates
In Amirsaleh v. Board of Trade of New York City, Inc., 2008 WL 4182998 (Del. Ch., Sept. 11, 2008), the Chancery Court explored the contours and the content of the implied duty of good faith and fair dealing that is imposed on every contract governed by Delaware law. Here is a short summary of the prior Chancery…