Counsel: Raymond J. DiCamillo and Kevin M. Gallagher of Richards, Layton & Finger P.A. – attorneys for plaintiff. Kenneth J. Nachbar and Jay N. Moffitt of Morris, Nichols, Arsht & Tunnell LLP; Robert W. Hirth and Isaac S. Greaney of Sidley Austin – attorneys for defendant Brock Fiduciary Services LLC, appearing on behalf of defendant and counterclaim plaintiff UAW Retiree Medical Benefits Trust in its capacity as independent fiduciary for UAW Retiree Medical Benefit Trust (Chrysler Separate Retiree Account).
The court agreed with plaintiff's assertion that the notes constituted "indebtedness for borrowed money" within the meaning of the call option agreement and therefore, plaintiff was entitled to relief. Motion for summary judgment granted in part.
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