Legal Opinion · Dissent

Shawe v. Elting

Supreme Court of Delaware

Decided February 13, 2017No. 423, 2016Published

1DissentValihura, Justice

The Court of Chancery generally has broad discretion in fashioning certain equitable remedies.1 Although this might suggest that this Court should defer to the *170Chancellor who ordered one of the most extreme remedies possible — a sale of a financially successful corporation over the objections of one or more of its three stockholders — our review of the Court of Chancery’s order requires construction of a statute, namely, 8 Del, C. § 226 (“Section 226”). Embedded in this choice of remedy is the question of whether a court-appointed custodian has the power to force the sale of a stockholder’s…

2Cases cited21 opinions

  1. Bershad v. Curtiss-Wright Corp.Supreme Court of Delaware · 1987
  2. Giuricich v. Emtrol Corp.Supreme Court of Delaware · 1982
  3. Nixon v. BlackwellSupreme Court of Delaware · 1993
  4. Carlson v. HallinanCourt of Chancery of Delaware · 2006
  5. Staar Surgical Co. v. WaggonerSupreme Court of Delaware · 1991

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