Lingo v. Lingo, No. 713, 2009 (Del. Supr., June
10, 2010), read opinion here. The factual background of this Delaware
Supreme Court decision involves a faithless fiduciary who abused the Power
of Attorney given to her, but the part of the opinion that will be of interest for
readers of this blog...
On November 3, 2010, in Airgas, Inc. v. Air Products and
Chemicals Inc., No. 649,2010, the Delaware Supreme Court held oral argument
in the expedited appeal by Airgas of the Court of Chancery's October 8, 2010
decision. (A summary of that Chancery decision, as well as posts on prior
The Deal Prof has a run-down on the Airgas decision . He has it about
The signal this reversal sends is that it basically says
don't worry about the language of your contracts so long as everybody "knows"
what it means.
Potato, potahto, tomato, tomahto. Let's call...
I don't know, but I think Chancellor Chandler isn't all
that impressed with the Supreme Court reversing his decision in the Airgas
case. He sent a letter to the parties yesterday ( Letter
here ) with a number of questions seeking
supplemental information relevant to the next part of the case...
Justice Henry duPont Ridgely of the Delaware Supreme
Court has published an essay on the procedure that courts around the
country may follow to present issues of Delaware law to
Delaware's High Court. The essay was based on His Honor's remarks at
Southern Methodist University's Corporate...
Posted by Francis Pileggi
Vulcan Materials, Inc. v. Martin Marietta Materials, Inc. This is a Delaware Supreme Court ruling from the bench on May 31, 2012 involving the penalty imposed on a hostile bidder for breach of a confidentiality agreement entered into during amicable negotiations.