Archive: March 11, 2020

COURT OF CHANCERY DISMISSES BREACH OF CONTRACT CLAIMS AGAINST MANUFACTURER OF BOEING AIRPLANE PARTS

By: Scott E. Waxman and Marissa Leon

In Bradley E. Julius v. Accurus Aerospace Corporation, C.A. No. 2017-0632-MTZ (Del. Ch. 2019), the Delaware Court of Chancery (the “Court”) granted summary judgment on behalf of a target company dismissing the purchaser’s breach of contract claims in connection with an asset purchase agreement and on behalf of the purchaser dismissing the target company’s breach of contract claims in connection with the asset purchase agreement and related escrow agreement. The Court found that the contracts were unambiguous and the language in the contracts was clear and therefore there were no genuine disputes of material fact to litigate.

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