VT Shareholder Representative, LLC v. Edwards Lifesciences Corp.

Summary

The Supreme Court of Delaware affirmed dismissal of the shareholder representative’s breach-of-merger-agreement claims as unripe because the earn-out period had not expired and the relevant facts remained subject to change. The Court also denied the appellant’s motion to supplement the appellate record with a later-filed financial report because the report did not create a concrete, final, static controversy and would not alter the availability of a later action. The Court affirmed on the basis and for the reasons stated by the Court of Chancery.