June 18, 2014
QUADRANT STRUCTURED PRODUCTS CO., LTD., Individually and Derivatively on behalf of Athilon Capital Corp., Plaintiff Below, Appellant,
VINCENT VERTIN, MICHAEL SULLIVAN, PATRICK B. GONZALEZ, BRANDON JUNDT, J. ERIC WAGONER, ATHILON CAPITAL CORP., ATHILON STRUCTURED INVESTMENT ADVISORS LLC, EBF & ASSOCIATES, LP, Defendants Below, Appellees
Submitted: June 10, 2014.
Case Closed June 18, 2014.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below: Court of Chancery of the State of Delaware. C.A. No. 6990.
Before HOLLAND, BERGER, JACOBS and RIDGELY, Justices, and SCOTT, Judge[*] constituting the Court en Banc.
Jack B. Jacobs, Justice.
This 18th day of June 2014, it appears to the Court that the Court of Chancery's judgment dismissing the complaint of the appellant Quadrant Structured Products Co., Ltd. is reversed, except as to those claims arising from the Indenture (Counts VII and VIII and part of Count X) on the basis of the Vice Chancellor's report dated June 20, 2013 and the Opinion of the New York Court of Appeals dated June 10, 2014. We remand the case for further proceedings.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is REVERSED in part and REMANDED. The Clerk is directed to issue the mandate immediately.