Legal Opinion

Schoon v. Troy Corp.

Court of Chancery of Delaware

Decided March 28, 2008No. C.A. 2362-VCLPublishedCited by 19 opinions

1Opinion of the Court

OPINION

LAMB, Vice Chancellor.

In this case, a former and a current director of a Delaware corporation together sue for advancement in connection with defending threatened and pending fiduciary duty based claims filed by the corporation. The corporation initially tried to interject these claims into an action pursuant to 8 Del. C. § 220 initiated by the current director; but, after this court denied that motion, the corporation brought the same claims in a separate action. The court concludes that, under the controlling bylaws, the former director is not entitled to advancement. The current…

2Cases cited10 opinions

  1. Citadel Holding Corp. v. RovenSupreme Court of Delaware · 1992
  2. Johnston v. Arbitrium (Cayman Islands) Handels AGSupreme Court of Delaware · 1998
  3. Schoon v. SmithSupreme Court of Delaware · 2008
  4. Arbitrium (Cayman Islands) Handels AG v. JohnstonCourt of Chancery of Delaware · 1997
  5. Senior Tour Players v. GOLFTOWNCourt of Chancery of Delaware · 2004

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3Cited by19 opinions

  1. Paolino v. MacE Security International, Inc.Court of Chancery of Delaware · 2009
  2. Scott Pontone v. Milso Industries CorporationCourt of Chancery of Delaware · 2014
  3. Kramer v. Liberty Property TrustCourt of Appeals of Maryland · 2009
  4. Marino v. Patriot Rail Company LLCCourt of Chancery of Delaware · 2016
  5. Troy Corp. v. SchoonCourt of Chancery of Delaware · 2008

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