November 1, 2013
HUDSON'S BAY COMPANY LUXEMBOURG, S.A.R.L., Plaintiff Below, Appellant,
JZ LLC and AGZ LLC, Defendants Below, Appellees.
Submitted: Oct. 23, 2013.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below: Superior Court of the State of Delaware, in and for New Castle County, C.A. No. N10C-12-107.
Before HOLLAND, BERGER, JACOBS and RIDGELY, Justices and NOBLE, Vice Chancellor,[*] constituting the Court en Banc.
CAROLYN BERGER, Justice.
On consideration of the parties' briefs and oral arguments, this Court affirms, in part, the Superior Court's judgment in favor of appellees, JZ LLC and AGZ LLC, on the basis of its March 11, 2013 Memorandum Opinion. Specifically, this Court affirms the trial court's reasoning and holding that unintentional and immaterial errors in appellant's financial statements do not constitute a breach of warranty or misrepresentation under the operative Securities Purchase Agreement. Having affirmed on the basis of the trial court's first holding, this Court does not reach the alternative holding regarding damages.
It appears to this Court that an issue concerning attorneys' fees remains unresolved. Accordingly, we remand for the trial court's consideration of this issue. Jurisdiction is not retained.
IT IS SO ORDERED.