Supreme Court of Delaware

Robert Guzzetta and Kathleen S. Guzzetta, Defendants Below, Appellants v. Service Corporation of Westover Hills…

November 9, 20102010 Del. LEXIS 570

Summary

The Supreme Court of Delaware held that the Court of Chancery abused its discretion by setting an injunction bond at $10,000 without explaining why that amount was substantially below the enjoined parties’ credible estimate of potential damages. Although several claimed damage categories were properly rejected, the remaining estimates exceeded twice the bond amount, and the matter was remanded for further action.