Opinion · Supreme Court of Delaware

Construction Industry Laborers Pension Fund v. Bingle

Constr. Indus. Laborers Pension Fund v. Bingle, No. 411, 2022, UP9395143 (Del. May 17, 2023)

Type: Opinion
Court: Supreme Court of Delaware
Jurisdiction: Delaware
Date: 2023-05-17
Topic: labor-and-employment

IN THE SUPREME COURT OF THE STATE OF DELAWARE CONSTRUCTION INDUSTRY § LABORERS PENSION FUND, § CENTRAL LABORERS’ PENSION § FUND, LAWRENCE MILES, AND § No. 411, 2022 BRIAN SEAVITT, derivatively on § behalf of SOLARWINDS § CORPORATION, § § Court Below: Court of Chancery Plaintiffs Below, Appellants, § of the State of Delaware § v. § § MIKE BINGLE, WILLIAM BOCK, § C.A. No. 2021-0940 SETH BORO, PAUL J. CORMIER, § KENNETH Y. HAO, MICHAEL § HOFFMAN, DENNIS HOWARD, § CATHERINE R. KINNEY, JAMES § LINES, EASWARAN SUNDARAM, § KEVIN B.

Citator

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            IN THE SUPREME COURT OF THE STATE OF DELAWARE

CONSTRUCTION INDUSTRY                   §
LABORERS PENSION FUND,                  §
CENTRAL LABORERS’ PENSION               §
FUND, LAWRENCE MILES, AND               §      No. 411, 2022
BRIAN SEAVITT, derivatively on          §
behalf of SOLARWINDS                    §
CORPORATION,                            §
                                        §      Court Below: Court of Chancery
      Plaintiffs Below, Appellants,     §      of the State of Delaware
                                        §
      v.                                §
                                        §
MIKE BINGLE, WILLIAM BOCK,              §      C.A. No. 2021-0940
SETH BORO, PAUL J. CORMIER,             §
KENNETH Y. HAO, MICHAEL                 §
HOFFMAN, DENNIS HOWARD,                 §
CATHERINE R. KINNEY, JAMES              §
LINES, EASWARAN SUNDARAM,               §
KEVIN B. THOMPSON, JASON                §
WHITE, MICHAEL WIDMANN,                 §
                                        §
      Defendants Below, Appellees,      §
                                        §
      and                               §
                                        §
SOLARWINDS CORPORATION,                 §
                                        §
      Nominal Defendant Below,          §
      Appellee.                         §

                             Submitted:     April 26, 2023
                             Decided:       May 17, 2023

Before SEITZ, Chief Justice; VALIHURA, and TRAYNOR, Justices.

                                      ORDER

      Now this 17th day of May 2023, the Court having considered this matter on the

briefs and oral arguments of the parties and the record below and having concluded that
the same should be affirmed on the basis of and for the reasons assigned by the Court of

Chancery in its Memorandum Opinion dated September 6, 2022, and its Final Order and

Judgment dated October 13, 2022;

      NOW THEREFORE, IT IS HEREBY ORDERED that the judgment of the Court

of Chancery be and the same hereby is AFFIRMED.



                                        BY THE COURT:

                                        /s/ Karen L. Valihura
                                        Justice