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NAF HOLDINGS, LLC v. LI & FUNG (TRADING)

No. 641, 2014.

118 A.3d 175 (2015)

NAF HOLDINGS, LLC, Plaintiff/Counter-Defendant, Appellant, v. LI & FUNG (TRADING) LIMITED, Defendant/Counter-Claimant, Appellee.

Supreme Court of Delaware.

Decided: June 24, 2015.

Attorney(s) appearing for the Case

Michael F. Bonkowski, Esquire , Cole, Schotz, Meisel, Forman & Leonard, P.A., Wilmington, Delaware; Bruce H. Nagel, Esquire (argued), Robert H. Solomon, Esquire , Andrew Pepper, Esquire , Nagel Rice, LLP, Roseland, New Jersey, for Appellant.

Richard D. Heins, Esquire , Peter H. Kyle, Esquire , Ashby & Geddes, Wilmington, Delaware; John J. Hay, Esquire (argued), Ulyana Bardyn, Esquire, Dentons U.S. LLP, New York, New York, for Appellee.

Before STRINE, Chief Justice; HOLLAND, VALIHURA, VAUGHN, and SEITZ, Justices, constituting the Court en banc.

I. INTRODUCTION

The U.S. Court of Appeals for the Second Circuit has certified the following question of law arising out of an appeal from a decision issued by the U.S. District Court for the Southern District of New York:

Where the plaintiff has secured a contractual commitment of its contracting counterparty...

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