Stockholders in fiduciary class action who also petitioned for appraisal were entitled to elect between continuing with appraisal or taking the class remedy, even though the law required the corporation's approval for withdrawal of the petition for appraisal.

Court lacked personal jurisdiction over former employee in non-compete breach action where forum selection clause was expressly limited to jurisdiction in the chancery court, rather than any state or federal court sitting in and for Delaware.

Court denied entry of partial judgment on issue that the court entered summary judgment for plaintiffs, where plaintiffs would not be unduly prejudiced by the delay in being able to appeal and where partial judgment could lead to piecemeal litigation and appeals as the resolved issue was not a predicate issue for the rest of the case.

Court dismissed shareholders' derivative complaint for failure to plead demand futility where plaintiffs' fiduciary claims against the company's directors and officers failed to set forth a prima facie case of personal liability such that the board could not independently consider a litigation demand.

Although seller was entitled to recover compensation for settlement payments it made based on post-closing sales of various acquired brands, trial was necessary to determine acquirers' entitlement to offsets and the availability of specific performance for future settlement payments.