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AMIRSALEH v. BD. OF TRADE OF NEW YORK

No. 75, 2010.

27 A.3d 522 (2011)

Mahyar AMIRSALEH, Plaintiff-Below, Appellant, v. BOARD OF TRADE OF the CITY OF NEW YORK, INC., and Intercontinental Exchange, Inc., Defendants-Below, Appellees.

Supreme Court of Delaware.

Decided: August 16, 2011.

Reargument Denied September 12, 2011.

Attorney(s) appearing for the Case

Elizabeth M. McGeever, Esquire , of Prickett, Jones & Elliott, P.A., Wilmington, Delaware; Of Counsel: Jonathan S. Shapiro, Esquire (argued), Robert J. Shapiro, Esquire , and Kerry C. Foley, Esquire , of The Shapiro Firm, LLP, New York, New York, for Appellant.

Donald J. Wolfe, Jr., Esquire (argued), Michael A. Pittenger, Esquire , and Berton W. Ashman, Jr., Esquire , of Potter Anderson & Corroon LLP, Wilmington, Delaware, for Appellees.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

RIDGELY, Justice:

Defendants-Below/Appellees, Intercontinental Exchange, Inc. and the Board of Trade of the City of New York, Inc. (collectively, the "Defendants"), merged in 2007. Plaintiff-Below/Appellant, Mahyar Amirsaleh, was a member of the Board of Trade before the merger. The merger agreement required that if a member, including Amirsaleh, wished to continue in the newly merged enterprise, the member had to submit an Election Form specifying that preference...

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