Fuku-Bonsai, Inc. v. E.I. Du Pont de Nemours & Co.

It is agreed that Delaware law applies in deciding whether the release signed by Fuku-Bonsai bars it from bringing this suit claiming that DuPont fraudulently withheld or concealed information that induced Fuku-Bonsai to settle its claims for less than fair value.

When we decided Matsuura v. Alston & Bird and E.I. du Pont de Nemours and Co., 166 F.3d 1006 (9th Cir.1999) (per cu-riam), the Delaware Supreme Court had not accepted certification of the controlling state law question. Once the Delaware Supreme Court answers that question, our decision in Matsuura will no longer be binding on the…