Supreme Court of Delaware

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Rohn Indus., Inc. v. Platinum Equity LLC, 591, 2005

In a dispute arising from defendant's termination of an agreement to purchase certain of plaintiff's assets, a judgment in favor of defendant is affirmed in part and reversed in part where: 1) the trial judge properly held that there were no objective bases in law or fact for terminating the agreement; and 2) the trial judge erred in applying only a good faith subjective standard in determining that defendant properly terminated the agreement and in failing to recognize that under New York law, under the circumstances, judicial review had to include review for objective reasonableness.

Appellate Information

  • Decided 10/20/2006
  • Published 10/20/2006

Judges

  • STEELE, Chief Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • Daniel V. Folt, John H. Newcomer, and Matt Neiderman, Duane Morris, L.L.P., Wilmington, DE;  John J. Soroko (argued), admitted pro hac vice for appellants.

  • For Appellees:
  • Peter J. Walsh, Jr. and Sarah E. DiLuzio, Potter Anderson & Corroon, L.L.P., Wilmington, DE;  Kevin S. Reed (argued), admitted pro hac vice for appellees.
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