Aeroglobal Capital Management, LLC v. Cirrus Industries, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that ownership of a Delaware corporation “does not, without more, amount to the transaction of business under [subsection (c)(1) of] Delaware’s Long Arm Statute”
• holding that intent to waive a contractual right is a question for the trier of fact
• holding that the “facts relied upon to prove waiver must be unequivocal” in deciding whether a party intended to waive a “timing requirement” created by a letter of intent for a stock acquisition
• observing that “contractual requirements or conditions may be waived” (quoting Pepsi-Cola Bottling Co. v. Pepsico, Inc., 297 A.2d 28, 33 (Del. 1972))
• explaining that waiver “implies knowledge of all material facts and an intent to waive, together with a willingness to refrain from enforcing those contractual rights”
• indicating that a party’s “conduct under the circumstances” should be evaluated to determine whether they “evidenced an intentional, conscious and voluntary abandonment of [their] claim or right”

Source: CourtListener parenthetical corpus (CC0).