Document: Openwave Sys. Inc. v. Harbinger Capital Partners Master Fund I, Ltd., C.A. No. 2690-N, Lamb, V.C. (Del. Ch. Mar. 5, 2007)
In an action contesting the election of directors pursuant to 8 Del. C. § 225, the Court denied a motion for summary judgment regarding the nomination of directors pursuant to the by-laws of a corporation in order to allow for a more complete record at trial upon which to balance the equities of the parties’ conduct.