Legal Opinion

Biolase, Inc. v. Oracle Partners, L.P.

Supreme Court of Delaware

Decided June 12, 2014No. 270, 2014PublishedCited by 17 opinions

1Opinion of the Court

STRINE, Chief Justice:

I. Introduction

This expedited appeal arises out of a dispute in the Court of Chancery under 8 Del. C. §■ 225 over the membership of the board of directors of Biolase, Inc. (“Bio-lase”). The Court of Chancery resolved the dispute by finding that the Biolase board of directors currently consists of five directors, including Paul Clark. The Court of Chancery concluded that Clark was appointed to the Biolase board after a previous director, Alexander Arrow, resigned through oral statements at a board meeting on February 28, 2014. Federico Pignatelli, Biolase’s Chief…

2Cases cited4 opinions

  1. Schock v. NashSupreme Court of Delaware · 1999
  2. Scribner v. ChonofskyCourt of Chancery of Delaware · 1973
  3. ONE-PIE INVESTMENTS, LLC v. JacksonSupreme Court of Delaware · 2012
  4. BAY CITY, INC. v. WilliamsSupreme Court of Delaware · 2010

3Cited by17 opinions

  1. Gerald L. Spence John Zelbst Rex Parris Joseph H. Low and Kent Spence, directly on their own behalf and derivatively on behalf of the Trial Lawyers College, a Wyoming Nonprofit Corporation v. John Sloan Milton Grimes Maren Chaloupka J.R. Clary, Jr. Dana Cole and Anne Valentine and the Trial Lawyers College, a Wyoming Nonprofit CorporationWyoming Supreme Court · 2022
  2. Duane Kemmer v. Bob NewmanIdaho Supreme Court · 2016
  3. Marilyn Abrams Living Trust v. Pope Invs. LLCCourt of Chancery of Delaware · 2018
  4. Backer v. Palisades Growth CapitalSupreme Court of Delaware · 2021
  5. Braga Investment & Advisory, LLC v. Yenni Income Opportunities Fund, I, L.P.Court of Chancery of Delaware · 2020

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