January 26, 2006
The Disney Argument: An Impression
Posted by Gordon Smith

I had intended to post several ideas from the oral argument yesterday, but a combination of teaching, administrative, and family obligations drew me away. Today is looking to be more of the same, so my Disney posts will mostly have to wait. But I will share one quick impression.

Steven Schulman opened the argument for the appellants by reminding the Supreme Court, "We have been before you before in this matter." He was referring, of course, to the Delaware Supreme Court's decision, Brehm v. Eisner, 746 A2d 244 (Del. 2000). As noted by the others who have posted below, Schulman then proceeded to re-argue the facts of the case, giving me the sense that he preferred the facts as they appeared in Brehm to the facts contained in Chancellor Chandler's August 2005 opinion. I laughed heartily, therefore, when Gregory Williams began the Appellee's argument with this zinger: "The plaintiff's briefs and their argument today sound as if no trial occurred in this case."

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