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- Title
LEVITT CORP. v. OFFICE DEPOT, INC.
- Abstract
The article presents the case Levitt Corp. v. Office Depot Inc. in Delaware. Accordingly, Plaintiff Levitt Corp. seeks a declaration that it may nominate two candidates for election to the board of directors of Defendant Office Depot, Inc. at the company's 2008 annual stockholders meeting on April 23, 2008. Depot relies upon the advance notice provision of its bylaws to justify its rejection of Levitt's nominations. Both parties have moved for judgment on the pleadings in accordance with Court of Chancery Rule 12(c). Depot contends that the plain and unambiguous language of Section 14 governs director nominations by stockholders and requires advance notice. The Court concludes that the nomination of directors is unambiguously within the purview of the term business.
- Subjects
DELAWARE; ACTIONS &; defenses (Law); NOMINATIONS for public office; OFFICE Depot Inc.; LEVITT Corp.; STOCKHOLDERS; INVESTORS; CIVIL procedure; COMMERCIAL law
- Publication
Delaware Journal of Corporate Law, 2008, Vol 33, Issue 2, p579
- ISSN
0364-9490
- Publication type
Article