Delaware Supreme Court to hear Akorn. v. Fresenius Kabi AG, Quercus Acquisition and Fresenius SE
The Delaware Supreme Court will hear the case of Akorn Inc. v. Fresenius Kabi AG, Quercus Acquisition Inc. and Fresenius SE & Co. KGAA at 11 a.m. Wednesday, Dec. 5.
Akorn Inc. appeals from a partial final judgment of the Court of Chancery and post-trial memorandum opinion denying its request to order the Fresenius defendants to specifically perform their obligations under an April 24, 2017, merger agreement.
Akron had originally filed a suit against Fresenius after Fresenius purported to terminate the merger agreement in April.
Delaware Supreme Court case number 535, 2018