Legal Opinion
Rohn Industries, Inc. v. Platinum Equity LLC
Superior Court of Delaware
Decided November 22, 2005No. C.A. No. 03C-04-134 SCDPublishedCited by 3 opinions
1Opinion of the Court
Decision After Non-Jury Trial
OPINION
DEL PESCO, J.
Platinum entered into a contract for the sale of assets. Defendant terminated the agreement in reliance on a provision which permitted defendant to terminate if it “determines in good faith that there is a reasonable basis in law and in fact” to conclude that the transaction could result in material asbestos liability. The Court’s *985factual finding that there was no reasonable basis in law and in fact for the termination does not result in liability for the defendant because the decision to terminate was not arbitrary or capricious, but made in…
2Cases cited22 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
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3Cited by3 opinions
- Fitzgerald v. StateCourt of Appeals of Maryland · 2004
- In Re Tronox, Inc. Securities LitigationDistrict Court, S.D. New York · 2011
- Rohn Industries, Inc. v. Platinum Equity LLCSupreme Court of Delaware · 2006