Document: Mercier v. Inter-Tel (Delaware), Inc., C.A. No. 2226-VCS, Strine, V.C. (Del. Ch. Aug. 14, 2007)
The Court denied a motion for a preliminary injunction holding the plaintiff did not have a reasonable probability of success on the merits where the board delayed a stockholder vote on a merger because the stockholders were going to reject the merger. There was no showing that the directors were conflicted and additional information disclosed during the delay caused stockholders to approve the merger.