IAC/Interactive Corp. v. O'Brien
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IAC/INTERACTIVE CORP. f/k/a USA NETWORKS, INC., Defendant Below, Appellant, v. WESLEY T. O BRIEN, Plaintiff Below, Appellee. § § § § § § § § § § § § No. 531, 2009 Court Below Court of Chancery of the State of Delaware in and for New Castle County C.A. No. 3892 Submitted: September 15, 2009 Decided: September 18, 2009 Before HOLLAND, BERGER and JACOBS, Justices. ORDER This 18th day of September 2009, it appears to the Court that: (1) On September 9, 2009, defendant-appellant, IAC/Interactive Corp. ( IAC ), petitioned this Court, pursuant to Supreme Court Rule 42 ( Rule 42 ), to appeal from an interlocutory order in the Court of Chancery for indemnification and advancement. The Court of Chancery s memorandum opinion and order entered on August 14, 2009, denied IAC s motion for summary judgment and granted a motion for partial summary judgment filed by plaintiff-appellee, Wesley T. O Brien ( O Brien ). (2) On September 3, 2009, O Brien filed a response opposing IAC s application for certification. By order dated September 14, 2009, the Court of Chancery denied IAC s application for certification of the interlocutory appeal. (3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in exceptional circumstances.* In the exercise of its discretion, the Court has concluded that exceptional circumstances as would merit interlocutory review of the Court of Chancery s memorandum opinion and order do not exist in this case. NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory appeal is REFUSED. BY THE COURT: /s/ Carolyn Berger Justice * Del. Supr. Ct. R. 42(b), (d)(v). 2
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