Legal Opinion

IBP, Inc. v. Tyson Foods, Inc.

Court of Chancery of Delaware

Decided February 11, 2002No. Civil Action 18373PublishedCited by 7 opinions

1Opinion of the Court

OPINION

STRINE, Vice Chancellor.

In this opinion, I decline to vacate a post-trial judicial opinion at the instance of a party whose own voluntary decision to settle rendered moot the issues decided by that opinion. The pending request for va-catur was filed over a half a year after the court’s post-trial opinion was issued. In accordance with the reasoning of the Dela ware Supreme Court in Stearn v. Koch 1 and the United States Supreme Court in U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 2 the moving party has not been thwarted or prevented from obtaining appellate relief by actions…

2Cases cited8 opinions

  1. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  2. U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
  3. Matsushita Electric Industrial Co. v. EpsteinSupreme Court of the United States · 1996
  4. In Re IBP, Inc., Shareholders LitigationCourt of Chancery of Delaware · 2001
  5. Amoco Oil Co. v. United States Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 2000

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3Cited by7 opinions

  1. Kronenberg v. KatzCourt of Chancery of Delaware · 2004
  2. Tyson Foods, Inc. v. Aetos Corp.Supreme Court of Delaware · 2002
  3. Crescent/Mach I Partners L.P. v. Dr Pepper Bottling Co.Supreme Court of Delaware · 2008
  4. Tyson Foods, Inc. v. Aetos Corp.Supreme Court of Delaware · 2003
  5. Alex Brola v. Christopher LundgrenCourt of Chancery of Delaware · 2025

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