A complaint alleging denial of “earn-out” payments has been carved down to a breach of contract action as Delaware Court of Chancery Chancellor Andre G. Bouchard dismissed other charges in the case.
In so ruling in Fortis Advisors v. Dialog Semiconductor, Bouchard expressed skepticism about the inclusion of several counts alleging breach of an implied covenant, lack of good faith and fair dealing and equitable fraud, which he said he viewed as lacking in precision and an independent basis from the original breach of contract claims.
