Court of Chancery of Delaware· 10/7/1998
In Re First Interstate Bancorp Consolidated Shareholder Litigation
Citations
- 729 A.2d 851
- 1998 Del. Ch. LEXIS 185
- 1998 WL 731600
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- granting a motion to dismiss upon rejecting conclusory allegations that side transactions affected the terms of a merger agreement
- “The doctrine of judicial estoppel precludes a party “from asserting in a legal proceeding, a position inconsistent with a position previously taken by him in the same or in an earlier proceeding.”
- “Upon the effective date of a merger or consolidation, all assets of the merged corporation, including any causes of action that may exist on its behalf, pass to the surviving corporation by operation of law.”
- “Delaware law is well-settled that claims arising from transactions involving corporate assets that allegedly operate to reduce the consideration received by stockholders in a merger are, in the absence of [special] circumstances . . . derivative in nature.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lamb
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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