Supreme Court of Delaware

Rbc Capital Markets, LLC, a Minnesota Limited Liability Company, Below, and the Depository Trust Company and Cede &…

March 5, 20142014 Del. LEXIS 96

Summary

The Court reversed the Superior Court's dismissal of RBC's complaint and remanded for further proceedings. It held that the amended complaint reasonably conceivably alleged unpaid interest under the Indenture, that the claim fell within the Indenture's exception to the no-action clause, and that the existing record did not establish as a matter of law that the claim was barred by res judicata. The Court held that claims based on interest-payment breaches occurring after the earlier Chancery complaint were filed could not be barred because those claims had not yet accrued.