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CENTRAL MORTG. v. MORGAN STANLEY MORTG.

No. 595, 2010.

27 A.3d 531 (2011)

CENTRAL MORTGAGE COMPANY, Plaintiff Below Appellant, v. MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC as Successor-in-interest to Morgan Stanley Mortgage Capital, Inc., Defendant Below Appellee.

Supreme Court of Delaware.

Decided: August 18, 2011.

Attorney(s) appearing for the Case

R. Judson Scaggs, Jr. and John Eakins , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware. Of Counsel: Nicholas J. Boyle (argued), Richard Olderman and Daniel M. Dockery , Williams & Connolly LLP, Washington, DC for appellant.

Steven J. Fineman and Rudolf Koch , Richards, Layton & Finger, P.A., Wilmington, Delaware. Of Counsel: Jeffrey Q. Smith (argued), Laila Abou-Rahme , and Cynthia A. Hanawalt , Bingham McCutchen LLP, New York, N.Y. for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices constituting the Court en Banc.

STEELE, Chief Justice:

Central Mortgage Company sued Morgan Stanley after mortgages for which CMC purchased servicing rights from Morgan Stanley began to fall delinquent during the early financial crisis in 2007. CMC made a variety of claims, and the Vice Chancellor1 dismissed all of those claims with prejudice, except for its breach of contract claims which he dismissed without prejudice. CMC now appeals the dismissal of its breach of...

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