Wayne County Employees' Retirement v. Corti, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WAYNE COUNTY EMPLOYEES RETIREMENT SYSTEM, individually, and on behalf of all those similarly situated, § § § § § Plaintiff Below, § Appellant, § § v. § § ROBERT J. CORTI, RONALD § DOORNINK, BARBARA S. ISGUR, § ROBERT A. KOTICK, BRIAN G. KELLY, § ROBERT J. MORGADO, PETER J. § NOLAN, RICHARD SARNOFF, and § ACTIVISION, INC., § § Defendants Below, § Appellees. § Nos. 483, 2009 Court Below: Court of Chancery of the State of Delaware C. A. No. 3534-CC Submitted: March 31, 2010 Decided: May 28, 2010 Before STEELE, Chief Justice, BERGER, JACOBS and RIDGELY, Justices, and JOHNSTON, Judge,*constituting the Court en Banc. ORDER This 28th day of May, 2010, the Court, having considered the decision of the Court of Chancery dated July 24, 2009, and the oral arguments and briefs of the parties, has determined that: to the extent the issues raised on appeal are factual, the * Sitting by designation pursuant to Art. IV, § 12 of the Delaware Constitution and Supreme Court Rules 2 and 4 (a) to fill up the quorum as required. record evidence supports the trial judge s factual findings; and to the extent that the issues raised on appeal are legal, they are controlled by settled Delaware law, which was properly applied. NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery be, and the same hereby is, AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice 2

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