NAKAHARA v. NS 1991 AMERICAN TRUST

No. 15905.

718 A.2d 518 (1998)

Kiiko NAKAHARA and Jean-Paul Renoir, Plaintiffs, v. The NS 1991 AMERICAN TRUST, a Delaware Business Trust, Defendant, v. NIHON SANGYO KABUSHIKI KAISHA, a Japanese Corporation, Defendant-Intervenor.

Court of Chancery of Delaware, New Castle County.

Decided: September 28, 1998.


Attorney(s) appearing for the Case

Edward M. McNally, Richard D. Kirk, and Nancy R. Walsh, of Morris, James, Hitchens & Williams, Wilmington, for Plaintiffs.

Stephen E. Jenkins, of Ashby & Geddes, Wilmington, for defendant.

David S. Eagle, of Klehr, Harrison, Harvey, Branzburg & Ellers, L.L.P., Wilmington; Glen A. Weiner, of Klehr, Harrison, Harvey, Branzburg & Ellers, L.L.P., Philadelphia, PA, for defendant-intervenor.


OPINION ON REMAND

CHANDLER, Chancellor.

This case raises the novel question of whether a court of equity should permit a party to avoid the impact of their inequitable conduct by attempting to undo that conduct after an adverse verdict. For the reasons stated below, I deny the Plaintiffs Rule 60(b) motion and hold that Plaintiffs, who were previously denied equitable relief due to their own unclean hands,1 did not successfully...

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