The Delaware Supreme Court has dismissed Cooper Tire & Rubber Co.’s interlocutory appeal of the Court of Chancery’s November decision that Apollo Tyres Ltd. did not breach a $2.5 billion merger agreement when it attempted to resolve differences between Cooper and the union that represents workers at two of its plants. One Delaware legal analyst said that the court may have dismissed the appeal because Cooper appealed a partial Chancery Court ruling and the high court may have preferred waiting until it could weigh all of the litigation’s facts.
In a one-page order issued Monday, the Supreme Court said that it had “concluded that this interlocutory appeal was improvidently accepted.” Justice Randy J. Holland authored the order on behalf of the en banc court. Superior Court Resident Judge William L. Witham Jr. sat by designation for former Chief Justice Myron T. Steele, who retired last month.
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