Patriarch Partners, LLC v. Zohar CDO 2003-1, LLC

Summary

The Supreme Court of Delaware affirmed the Court of Chancery's judgment requiring Patriarch to produce documents under the collateral management agreements. The court held that Patriarch could not challenge the judgment on the ground that the Zohar Funds had not proved their own contractual performance because the parties and trial court had narrowed the expedited proceedings to Patriarch's document-production obligations, and Patriarch raised the affirmative-proof argument only after trial. Patriarch's separate argument concerning the adequacy of a legal remedy was waived.