Legal Opinion
Comet Systems, Inc. Shareholders' Agent v. MIVA, Inc.
Court of Chancery of Delaware
Decided October 22, 2008No. C.A. 2793-VCLPublishedCited by 48 opinions
1Opinion of the Court
OPINION
LAMB, Vice Chancellor.
This breach of contract case arises out of a dispute between the former stockholders of a software company and a successor entity which purchased that company over the interpretation and performance of the earnout provisions of the merger agreement in which those stockholders were bought-out. The former stockholders have moved for partial summary judgment as to the first count of their verified complaint, and the purchasers have cross-moved for summary judgment on all counts.
The central issue presented by these motions is whether a change-of-control bonus paid to…
2Cases cited22 opinions
- Rhone-Poulenc Basic Chemicals Co. v. American Motorists Insurance Co.Supreme Court of Delaware · 1992
- Ebersole v. LowengrubSupreme Court of Delaware · 1962
- Eagle Industries, Inc. v. DeVilbiss Health Care, Inc.Supreme Court of Delaware · 1997
- Stroud v. GraceSupreme Court of Delaware · 1992
- Citadel Holding Corp. v. RovenSupreme Court of Delaware · 1992
17 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- New Castle County v. Pike Creek Recreational Services, LLCCourt of Chancery of Delaware · 2013
- Champlain Capital Partners, L.P. v. Elway Company, LLP, Dale K. Elrod, Jeffrey L. Elrod, and Mary Ann WaymireIndiana Court of Appeals · 2016
- Ross v. ThomasDistrict Court, S.D. New York · 2010
- AMC Entertainment Holdings, Inc. v. XL SpecialtySuperior Court of Delaware · 2025
- AuditBOT, Inc. v. MariyappanSuperior Court of Delaware · 2023
43 more not listed; retrieve them via the Exa API.