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CDX HOLDINGS, INC. v. FOX

No. 526, 2015.

141 A.3d 1037 (2016)

CDX HOLDINGS, INC. (f/k/a Caris Life Sciences, Inc.), Defendant-Below, Appellant/Cross-Appellee, v. Kurt FOX, Plaintiff-Below, Appellee/Cross-Appellant.

Supreme Court of Delaware.

Decided: June 6, 2016.

Reargument Denied June 13, 2016.

Attorney(s) appearing for the Case

Thomas A. Beck, Esquire , (Argued), Gregory P. Williams, Esquire , Brock E. Czeschin, Esquire , Susan M. Hannigan, Esquire , Rachel E. Horn, Esquire , Matthew D. Perri, Esquire , Richards, Layton & Finger, P.A., Wilmington, Delaware; Michael C. Holmes, Esquire , Daniel L. Tobey, Esquire , Craig E. Zieminski, Esquire , Olivia D. Howe, Esquire , George M. Padis, Esquire , Vinson & Elkins, LLP, Dallas, Texas, Attorneys for Defendant-Below, Appellant/Cross-Appellee.

Christopher P. Simon, Esquire , David G. Holmes, Esquire , Cross & Simon, LLC, Wilmington, Delaware; Daniel S. Cahill, Esquire (Argued), Louis Gambino, Esquire , Cahill Gambino LLP, Saratoga Springs, New York, Attorneys for Plaintiff-Below, Appellee/Cross-Appellant and the Class.

Before STRINE, Chief Justice; HOLLAND, VALIHURA, and VAUGHN, Justices, and MEDINILLA, Judge, constituting the Court en Banc.

Caris Life Sciences, Inc. ("Caris") was a privately held Delaware corporation. Through subsidiaries, it operated three business units: Caris Diagnostics, TargetNow, and Carisome. Caris Diagnostics was consistently profitable. TargetNow generated revenue but not profits. Carisome was in the developmental stage...

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