Legal Opinion
Hollinger Inc. v. Hollinger International, Inc.
Court of Chancery of Delaware
Decided July 29, 2004No. C.A. 543-NPublishedCited by 28 opinions
1Opinion of the Court
OPINION
STRINE, Vice Chancellor.
If the questions resolved in this lengthy opinion could be distilled to three, they would be as follows:
1. Has the judiciary transmogrified the words “substantially all” in § 271 of the Delaware General Corporation Law into the words “approximately half’?
2. Does a controlling stockholder whose own involvement in misconduct has resulted in legal inhibitions on its exercise of control nonetheless have a non-statutory, “natural right” in equity to veto the good faith business decisions of the independent board it has elected?
3. Should the room for risk taking…
2Cases cited17 opinions
- Weinberger v. UOP, Inc.Supreme Court of Delaware · 1983
- Smith v. Van GorkomSupreme Court of Delaware · 1985
- Stroud v. GraceSupreme Court of Delaware · 1992
- Ivanhoe Partners v. Newmont Mining Corp.Supreme Court of Delaware · 1987
- Sternberg v. O'NEILSupreme Court of Delaware · 1988
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In re Orchard Enterprises, Inc.Court of Chancery of Delaware · 2014
- In Re Transkaryotic Therapies, Inc.Court of Chancery of Delaware · 2008
- Awuah v. Coverall North America, Inc.Court of Appeals for the First Circuit · 2012
- In Re CNX Gas Corp. Shareholders LitigationCourt of Chancery of Delaware · 2010
- Atlantigas Corp. v. Columbia Gas Transmission Corp.Court of Appeals for the Fourth Circuit · 2006
23 more not listed; retrieve them via the Exa API.