ROHN INDUSTRIES v. PLATINUM EQUITY LLC

C.A. No. 03C-04-134 SCD.

887 A.2d 983 (2005)

ROHN INDUSTRIES, INC., Plaintiffs, v. PLATINUM EQUITY LLC, and Pfrank, LLC, Defendants.

Superior Court of Delaware, New Castle County.

Decided: November 22, 2005.


Attorney(s) appearing for the Case

John L. Reed, John H. Newcomer, Jr., and Matt Neiderman, Duane Morris, L.L.P., Wilmington, DE, and Maria Cilenti, and John Dellaportas, Duane Morris, L.L.P., New York City, for the plaintiffs.

Peter J. Walsh, Jr., and Sarah E. DiLuzio, Potter Anderson & Corroon, L.L.P., Wilmington, DE, and Kevin S. Reed, and Kevin Janus, Quinn Emanuel Urquhart Oliver & Hedges, L.L.P., New York City, for the defendants.


Decision After Non-Jury Trial

OPINION

DEL PESCO, J.

Platinum entered into a contract for the sale of assets. Defendant terminated the agreement in reliance on a provision which permitted defendant to terminate if it "determines in good faith that there is a reasonable basis in law and in fact" to conclude that the transaction could result in material asbestos liability. The Court's factual...

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