Document: Rhodes v. SilkRoad Equity, LLC, C.A. No. 2133-VCN, Noble, V.C. (Del. Ch. July 11, 2007)
The Court denied a Rule 12(b)(6) motion to dismiss claims made by former stockholders that controlling stockholders had improperly spent corporate assets since, although such claims are usually derivative in nature, the harm fell disproportionately on the former stockholders because such expenditures could be seen as an attempt to remove the former stockholders at a reduced price. The Court, however, dismissed claims based on allegations of unfair trade practices, slander, and breach of contract.