Allied Capital Corp. v. GC-Sun Holdings, L.P.

How courts have described this case

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

• recognizing that separate entities under common ownership and control can aid and abet each other in the commission of a tort
• explaining that an “implied covenant analysis will only be applied when the contract is truly silent with respect to the matter at hand”
• explaining that “[t]o state a tortious interference claim, a plaintiff must properly allege an underlying breach of contract” and dismissing the claim where no such breach was pleaded
• explaining that Delaware law is “built on the idea that the separate legal existence of corporate entities should be respected—even when those separate corporate entities are under common ownership and control”
• noting that the defendant was prohibited “from making a discrete form of investment” but could make other investments because “[r]estrictive covenants are carefully negotiated and our law requires that their unambiguous terms be given effect”
• explaining “that in cases involving the internal affairs of corporations, aiding and abetting claims represent a context-specific application of civil conspiracy law”

Source: CourtListener parenthetical corpus (CC0).