AMERICAS MINING CORP. v. THERIAULT

Nos. 29, 2012, 30, 2012.

51 A.3d 1213 (2012)

AMERICAS MINING CORPORATION, et al., Defendants Below, Appellants, v. Michael THERIAULT, as Trustee for the Theriault Trust, Plaintiff Below, Appellee. Southern Copper Corporation, formerly known as Southern Peru Copper Corporation, Nominal Defendant Below, Appellant, v. Michael Theriault, as Trustee for the Theriault Trust, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 27, 2012.

Reargument Denied: September 21, 2012.


Attorney(s) appearing for the Case

S. Mark Hurd, Esquire and Kevin M. Coen, Esquire , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware, and Bruce D. Angiolillo, Esquire (argued), Jonathan K. Youngwood, Esquire , Craig S. Waldman, Esquire , and Daniel J. Stujenske, Esquire , Simpson, Thacher & Bartlett LLP, New York, New York, for appellants, Americas Mining Corporation, Germán Larrea Mota-Velasco, Genaro Larrea Mota-Velasco, Oscar Gonzalez Rocha, Emilio Carrillo Gamboa, Jaime Fernando Collazo Gonzalez, Xavier Garcia de Quevedo Topete, Armando Ortega Gómez, and Juan Rebolledo Gout.

Stephen E. Jenkins, Esquire (argued), Richard L. Renck, Esquire , Andrew D. Cordo, Esquire and F. Troupe Mickler, IV, Esquire , Ashby & Geddes, Wilmington, Delaware, for appellant, Nominal Defendant Southern Copper Corporation, formerly known as Southern Peru Copper Corporation.

Ronald A. Brown, Jr., Esquire (argued) and Marcus E. Montejo, Esquire , Prickett, Jones & Elliott, P.A., Wilmington, Delaware, and Kessler Topaz Meltzer & Check, LLP, Radnor, Pennsylvania, for appellee.

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


HOLLAND, Justice, for the majority:

This is an appeal from a post-trial decision and final judgment of the Court of Chancery awarding more than $2 billion in damages and more than $304 million in attorneys' fees. The Court of Chancery held that the defendants-appellants, Americas Mining Corporation ("AMC"), the subsidiary of Southern Copper Corporation's ("Southern Peru") controlling shareholder, and affiliate directors of Southern Peru (collectively, the "Defendants...

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