In re Novell, Inc. S’holder Litig., DeFAX Case No. D65332 (Del. Ch. Jan. 3, 2013) Noble, V.C. (51 pages).
Plaintiff shareholders’ amended complaint stated a reasonably conceivable bad faith claim based on the board of directors’ unexplained, extremely favorable treatment of one potential buyer during the acquisition process and therefore, a §102(b)(7) exculpatory provision was not available. Motion to dismiss denied in part.
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