CARMODY v. TOLL BROS., INC.

C.A. No. 15983.

723 A.2d 1180 (1998)

James CARMODY, individually and on behalf of all those similarly situated, Plaintiff, v. TOLL BROTHERS, INC., Robert I. Toll, Bruce E. Toll, Zvi Barzilay, Robert S. Blank, Richard J. Braemer, Roger J. Hillas, Carl B. Marbach, Joel H. Rassman and Paul E. Shapiro, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: July 24, 1998.

Revised: July 27, 28 & August 4, 1998.


Attorney(s) appearing for the Case

Jay W. Eisenhofer, Stuart M. Grant, and Cynthia A. Calder, of Grant & Eisenhofer, P.A., Wilmington, for Plaintiff.

David J. Margules and Barry M. Klayman, of Wolf, Block, Schorr and Solis-Cohen L.L.P., Wilmington, for Defendants.


OPINION

JACOBS, Vice Chancellor.

At issue on this Rule 12(b)(6) motion to dismiss is whether a most recent innovation in corporate antitakeover measures — the socalled "dead hand" poison pill rights plan — is subject to legal challenge on the basis that it violates the Delaware General Corporation Law and/or the fiduciary duties of the board of directors who adopted the plan. As explained more fully below, a "dead hand" rights plan is...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases