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: Delaware Corporate and Commercial Litigation Blog

Chancery Determines that Erroneous Fact Finding Would Not Change Holding

By Francis G.X. Pileggi

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CA, Inc. v. Ingres Corp., No. 4300-VCS (Del. Ch. Jan. 26,  2010), read letter decision here. The Court of Chancery's120-page prior decision in this matter was highlighted here.

This letter decision was initially designed to resolve issues presented by competing proposed orders to implement the December 2009 decision of the Court linked above. In the process of presenting two competing orders, the parties both agreed that the Court had made an erroneous finding of fact in its prior opinion. This letter ruling concludes that the decision of the Court would  not have been different regardless of the erroneous fact finding even though the Court candidly admits that it overlooked statements at oral argument and deposition testimony on the particular fact involved.

Full post as published by Delaware Corporate and Commercial Litigation Blog on January 30, 2010 (boomark / email).

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