Mercury Partners Management LLC v. Valo Health, Inc.

Summary

The Supreme Court of Delaware refused interlocutory review of the Court of Chancery's dismissal of Mercury's claim seeking specific performance of Valo's contractual obligation to use commercially reasonable efforts to develop a cancer drug. The Court held that the strict standards for interlocutory certification were not satisfied, that no exceptional circumstances warranted review, and that the likely benefits did not outweigh the costs and disruption of an interlocutory appeal. Mercury remained free to pursue its breach-of-contract claim in the Superior Court.