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Delaware Chancery Law Blog Corporate and Commercial Practice in the Delaware Court of Chancery

Court Denies Motion for Reargument; Weighing of Facts Inappropriate on Motion for Summary Judgment

Posted in Case Summaries

In the recent decision of Henkel Corporation v. Innovative Brands Holding, LLC, C.A. No. 3663-VCN (Feb. 14, 2013), the Court of Chancery denied Plaintiff Henkel Corporation’s motion for reargument in connection with the Court’s denial of its motion for summary judgment.  Of significance to this decision, the Court indicated that it would be improper to “weigh” the facts on a motion for summary judgment even if the outcome would be fairly predictable, as such a determination must instead be made at trial.