Thomas R. LIEBERMANN, Robert Adams, Seth Bartlett, Bruce Gurall, and Phil Francis, as the Board of Directors of MobileToys.com, Inc., Plaintiffs/Counterclaim Defendants, and
MobileToys.com, Inc., A Delaware corporation, Nominal Plaintiff/Counterclaim Defendant
v.
Anthony FRANGIOSA and Francis D'Ambrosio, Defendants/Counterclaim Plaintiffs.
Court of Chancery of Delaware, New Castle County.https://leagle.com/images/logo.png
Submitted: November 8, 2002.
Decided: December 4, 2002.
Attorney(s) appearing for the Case
John M. Bader, Thomas S. Neuberger P.A., Wilmington, DE; Peter F. Carr, II, Eckert Seamans Cherin & Mellott, LLC, Boston, MA, for Plaintiffs and Counterclaim Defendants Thomas R. Liebermann, Robert Adams, Seth Bartlett, Bruce Gurall, and Phil Francis, as the Board of Directors of MobileToys.com, Inc., and Nominal Plaintiff/Counterclaim Defendant MobileToys.com, Inc., a Delaware Corporation.
William O. LaMotte, III, Patricia R. Uhlenbrock, Morris, Nichols, Arsht & Tunnell, Wilmington, DE; Michael F. Connolly, John F. Tocci, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA; Joseph L. Demeo, Timothy M. Mitchelson, Demeo & Associates, P.C., Boston, MA, for Defendants and Counterclaim Plaintiffs, Anthony A. Frangiosa and Francis D'Ambrosio.
Court of Chancery of Delaware, New Castle County.
OPINION
STRINE, Vice Chancellor.
This is an action to determine the proper board of directors of MobileToys.com, Inc. The plaintiffs — Thomas R. Liebermann, Robert Adams, Seth Bartlett, Bruce Gurall, and Phil Francis — were the directors of the company as of July 30, 2002 and will be referred to as the "Incumbent Board." The defendants and counterclaim plaintiffs are Anthony A. Frangiosa and Francis...
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