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WILMINGTON, DE (September 23, 2022) – Buchanan Ingersoll & Rooney litigators Geoffrey Grivner and Kody Sparks secured a win for their clients, a group of former investors and board members of Firefly Space Systems, Inc., before Delaware’s Supreme Court. 

The clients threatened legal action, sending a draft California complaint, against the opposing parties for fraud and breach of fiduciary duty, among other things. The clients delayed filing their California complaint upon requests from the opposition to negotiate a resolution. After requesting that the clients delay filing for a third time, and the clients obliging, the opposition raced to the Delaware Court of Chancery seeking declaratory relief regarding the exact claims in the California complaint. The clients followed by filing their California complaint shortly thereafter.

The opposition moved for judgment on the pleadings in Delaware with respect to certain requested declarations. On August 18, 2020, the Court of Chancery denied the motion for judgment on the pleadings, effectively dismissing the opposition’s requested declarations, finding that the disputes underlying the requested declarations were “best left for resolution by the California court” in the clients’ California action. The opposition appealed to the Delaware Supreme Court who, after full briefing and en banc oral argument affirmed the Court of Chancery’s decision.

“These wins in the Delaware Court of Chancery and Delaware Supreme Court allow the clients to proceed with their claims in California, which have been stayed pending the outcome of the Delaware litigation,” said Grivner. “We wish them continued success.”