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: Delaware Corporate and Commercial Litigation BlogCourt Cannot Choose Between Two Reasonable Interpretations on a Motion to Dismiss
By Francis G. X. Pileggi, Esq.
In Monier, Inc. v. Boral Lifetile, Inc., (Del. Ch., May 13, 2008), read letter opinion here, the Chancery Court relied on prior precedent to hold that on a Motion to Dismiss under Rule 12(b)(6), it could not choose between two (or more) reasonable interpretations of an Operating Agreement. Thus, even if the plaintiff's interpretation did not ultimately prevail at trial, at the motion to dismiss stage it would be premature to favor one interpretation over the other.
Full post as published by Delaware Corporate and Commercial Litigation Blog on May 25, 2008 (boomark / email).
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