Supreme Court of Delaware
West Coast Opportunity Fund, LLC, Defendant Below, Appellant v. Credit Suisse Securities (USA), LLC, Plaintiff…
May 17, 20102010 Del. LEXIS 223
Summary
The Supreme Court of Delaware remanded an interlocutory appeal from a judgment on the pleadings because the existing pleadings did not adequately present two potentially outcome-determinative issues: whether Credit Suisse was a bona fide pledgee for value without notice and whether Investment Hunter was Evans's alter ego. The court directed the parties to amend their pleadings and required the Court of Chancery to determine the effect of those amendments on its prior ruling. The court did not decide whether the Lockup Agreement was breached or whether Credit Suisse ultimately prevailed under the bona fide pledgee doctrine.