Interesting "motion to dismiss" from defendants to
Post# of 148168
"axiomatic", "odious", "suppress the shareholder franchise", "moot" (over and over with the moot); onerous....hurled....thinly veiled.....rebuke.....albeit.....judicial deference....unmitigated....moot (again)....sacrosanct.....
Damn, are these Philadelphia lawyers or what?
At the end of the day, "moot" seems to be the focus, with a sacrosanct kicker. See EMAK Worldwide, Inc. v. Kurz, 50 A.3d 429, 433 (Del. 2012)
(“Shareholder voting rights are sacrosanct. The fundamental governance right possessed by shareholders is the ability to vote for the directors the shareholder wants to oversee the firm….
Shareholders have limited opportunities to exercise their right to vote.”).