The Delaware Court of Chancery’s recent decision in Chapter 7 Trustee Constantino Flores v. Strauss Water, C.A. No. 11141-VCS (Del. Ch. Sept. 22), covers many familiar aspects of Delaware law, such as the importance of contracts under Delaware law and enforcing contracts as written and not how a plaintiff wishes it might have been written. The opinion also addresses ground less traveled—how to plead properly a claim for tortious interference with prospective business relations. This article focuses on the distinction the Delaware Court of Chancery drew between the tortious interference claim that survived the motion to dismiss and the one that did not.
The claims in Flores were brought by the Chapter 7 trustee of the bankruptcy estates of Esio Beverage Co., Esio Holding Co. and Esio Franchising. Esio alleged that the fraudulent and tortious scheme of Strauss Water forced Esio into bankruptcy. The relationship between Esio and Strauss had its origins in 2011, when Esio approached Strauss about a possible investment in Esio. Esio had a license to a beverage dispensing technology and Strauss had developed a specialized carbonation technology that Esio thought would fit well with its new products.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]