Attorneys for Philip Shawe, the Co-CEO of TransPerfect, announced that he has successfully defeated a bid by fellow Co-CEO Elizabeth Elting to dismiss Shawe’s claim in New York Supreme Court.
This victory vindicates Shawe’s position raised in opposition to Elting’s repeated claim that a series of adverse discovery decisions and rhetoric emanating from the Delaware Chancery Court, amid widespread speculation and accusations of judicial impropriety by Chancellor Andre Bouchard, was somehow binding on Shawe’s tort claim, Shawe’s attorneys stated in a release.
“The New York Judge, correctly, was unswayed that previous rulings in unrelated cases should bind her decision (all collateral estoppel and res judicata arguments were rejected). As such, the New York Court will not take judicial notice of the extremely controversial and unprecedented Chancery Court decisions, which sparked nationwide controversy when Elting emerged victorious after presenting a zero-witness case. I’m pleased that Delaware’s ‘small-town justice’ where the bench and bar are so incestuous that decisions are now unpredictable, and not based on traditional notions of evidence, testimony, or justice — did not infect Mr. Shawe’s meritorious claims against Defendant Elting in my case. In sum, the New York Court will hear Mr. Shawe’s Tort case on its merits, as it should,” stated Shawe’s attorney Glenn Faegenburg.
Shawe has been fighting an order in Chancery Court in Delaware to sell TransPerfect. Elting has supported the sale process. TransPerfect is based in New York City.
Another group, Citizens for a Pro-Business Delaware, is seeking legislation in Delaware that would delay the sale of the company.
