H-M WEXFORD LLC v. ENCORP, INC.

C.A. No. 19849.

832 A.2d 129 (2003)

H-M WEXFORD LLC, Plaintiff, v. ENCORP, INC., Steven Ballentine, Joseph J. Iannucci, Jesse E. Neyman, Dennis A. Orwig, William D. Patterson, George Schreck and Jeffrey W. Whitham, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: May 27, 2003.


Attorney(s) appearing for the Case

Michael Hanrahan, Paul A. Fioravanti, Jr., Prickett, Jones & Elliott, Wilmington, Delaware, for Plaintiff.

Raymond J. DiCamillo, Srinivas M. Raju, Lisa M. Zwally, Richards, Layton & Finger, Wilmington, Delaware; Tarek F.M. Saad, Morrison & Foester LLP, Denver, Colorado, for Defendants Encorp, Inc., Steven Ballentine, Joseph J. Iannucci, Jesse E. Neyman, Dennis A. Orwig, William D. Patterson and George Schreck.

Edward M. McNally, Elizabeth A. Brown, Morris, James, Hitchens & Williams LLP, Wilmington, Delaware, for Defendant Jeffrey W. Whitham.


OPINION

LAMB, Vice Chancellor.

I.

An investor who bought securities as part of a larger private placement is suing the issuer and the issuer's former CEO, making claims that information it received in connection with that transaction was materially misleading. The plaintiff is also asserting claims against the issuer and its board of directors arising out of the issuer's later efforts to reach a...

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