Legal Opinion
XO Communications, LLC v. Level 3 Communications, Inc.
Court of Chancery of Delaware
Decided November 2, 2007No. C.A. 2131-VCLPublishedCited by 14 opinions
1Opinion of the Court
OPINION
LAMB, Vice Chancellor.
In 1998, two companies agreed to collaboratively develop a fiber optics network. One company agreed to lay the fiber network while a second company purchased an indefeasible right of use in part of that network. Over a period of years, they modified the original agreement and entered into new, related contracts. The dispute before this court arises from those changes, specifically a contract by which the second company agreed to purchase its “requirements for wavelength services” from company one.
The question presented is whether the second company gave up the…
2Cases cited38 opinions
- Lightfoot v. Union Carbide Corp.Court of Appeals for the Second Circuit · 1997
- Painewebber Incorporated v. Michael J. Bybyk and Joyce O. BybykCourt of Appeals for the Second Circuit · 1996
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
- Stroud v. GraceSupreme Court of Delaware · 1992
- Alexander & Alexander Services, Inc. v. These Certain Underwriters at Lloyd's, LondonCourt of Appeals for the Second Circuit · 1998
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3Cited by14 opinions
- J.C. Trading Ltd. v. Wal-Mart Stores, Inc.District Court, D. Delaware · 2013
- CTF Development, Inc. v. BML Properties, LTDCourt of Chancery of Delaware · 2022
- Cecilian Partners, Inc. v. Company Fifteen, LLCCourt of Chancery of Delaware · 2026
- Curonix LLC v. Laura Tyler Perryman, StimGuard Medical Corporation, LTP Limited, LLCCourt of Chancery of Delaware · 2026
- DRS Family Holdings, Inc. and Daniel Shaughnessy v. Regal Buyer, LLC, a Delaware limited liability companyCourt of Chancery of Delaware · 2026
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