A recent decision by the Delaware Superior Court in Universal Music Investments v. Exigen Ltd., C.A. No. N13C-10-300-FSS (Del. Super. Aug. 25, 2014), explored an interesting question regarding the effect of the automatic bankruptcy stay on an order correcting a mistake in a prior order. The decision also discussed whether a guarantor is in privity with the primary obligor for res judicata purposes.

The plaintiff, Universal Music Investments, was part of a group of related companies engaged in developing, marketing and distributing recorded music. Universal contracted with Exigen USA to develop software for it. Exigen Ltd. and the other defendants jointly and severally guarantied Exigen USA’s obligations under the software development contract.

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