Del. Supreme Ct. Arguments Go Over Operative Reality, Expert Credibility, and Standard of Review
Appraisal Rights
JANUARY 15, 2021
The Delaware Supreme Court heard argument on January 13th in the SourceHOV case, with interesting issues on the proper standard of review, the concept and application of operative reality, and expert credibility coming up. Some key questions asked and argued were: Of relevance to private company investors: what is the standard of review appropriate when there is no market evidence for an appraisal fight, and the Court is forced to decide between a ‘battle of the experts’?
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