Legal Opinion
Advanced Mining Systems, Inc. v. Fricke
Court of Chancery of Delaware
Decided August 4, 1992No. Civ. A. 11823PublishedCited by 41 opinions
1Opinion of the Court
OPINION
ALLEN, Chancellor.
In this suit, Advanced Mining Systems, Inc., a Delaware corporation (“AMS”), charges Richard A. Fricke, its former President, with breaches of loyalty to the corporation while he was in office. Mr. Fricke has now moved to compel plaintiff to advance expenses reasonably incurred by him in connection with the defense of this suit. He claims a present right to the “interim advancement of indemnification payments” under Section 145 of the Delaware General Corporation Law and under AMS’s by-laws. I put aside the procedural oddity of the motion 1 and turn to a recitation of…
2Cases cited2 opinions
- Citadel Holding Corp. v. RovenSupreme Court of Delaware · 1992
- Merritt-Chapman & Scott Corporation v. WolfsonSuperior Court of Delaware · 1974
3Cited by41 opinions
- In Re: Continental AirlinesCourt of Appeals for the Third Circuit · 2000
- Kaung v. Cole National Corp.Supreme Court of Delaware · 2005
- Danenberg v. Fitracks, Inc.Court of Chancery of Delaware · 2012
- Carlson v. HallinanCourt of Chancery of Delaware · 2006
- Fasciana v. Electronic Data Systems Corp.Court of Chancery of Delaware · 2003
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