LEVEY v. BROWNSTONE ASSET MANAGEMENT, LP

No. 551, 2012.

76 A.3d 764 (2013)

Gordon Scott LEVEY, Plaintiff Below, Appellant, v. BROWNSTONE ASSET MANAGEMENT, LP, Brownstone Investment Partners, LLC, Pinebank Investment Partners, LLC, Pinebank Asset Management, LP, Douglas Lowey, Oren Cohen, and Barrett Naylor, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: August 27, 2013.

Reargument Denied October 1, 2013.


Attorney(s) appearing for the Case

James S. Green, Sr. (argued) and Jared T. Green, Esquires , Seitz, Van Ogtrop & Green, P.A., Wilmington, Delaware; Of Counsel: David T. Shulick, Esquire , Shulick Law Offices, Philadelphia, Pennsylvania, for the Appellant.

Collins J. Seitz, Jr. , David E. Ross (argued), and Eric D. Selden, Esquires , Seitz Ross Aronstam & Moritz LLP, Wilmington, Delaware, for the Appellees.

Before HOLLAND, BERGER, JACOBS, RIDGELY, Justices, and BRADY, Judge, constituting the Court en Banc.


JACOBS, Justice:

Gordon Levey, the plaintiff-below ("Levey"), appeals from a Court of Chancery order granting summary judgment and dismissing his action on the ground of laches by analogy to the statute of limitations. Levey claims that the Court of Chancery erred as a matter of law on both substantive and procedural grounds. We find that the specific claims actually advanced by Levey lack merit. Nonetheless, our independent...

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