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  • Oxbow Carbon & Minerals Holdings, Inc. v. Crestview-Oxbow Acquisition, LLC

    Publication Date: 2019-01-30
    Practice Area: Contractual Disputes
    Industry: Investments and Investment Advisory | Mining and Resources
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Stephen C. Norman and Jaclyn C. Levy, Potter Anderson & Corroon LLP, Wilmington, DE; David B. Hennes, C. Thomas Brown, Adam M. Harris and Elizabeth D. Johnston, Ropes & Gray LLP, New York, NY for plaintiffs Oxbow Carbon & Mineral Holdings, Ingraham Investments, William I. Koch and Oxbow Carbon Investment Co. LLC. Kenneth J. Nachbar, Thomas W. Briggs, Jr. and Richard Li, Morris, Nich-ols, Arsht & Tunnell LLP, Wilmington, DE; R. Robert Popeo, Michael S. Gardener and Breton Leo-ne-Quick, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Boston, MA for plaintiff
    for defendant: Oxbow Carbon LLC. Kevin G. Abrams, Michael A. Barlow and April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE; Brock E. Czeschin, Matthew D. Perri and Sarah A. Galetta, Richards, Layton & Finger, P.A., Wilmington, DE; Michael B. Carlinsky, Chad Johnson, Jennifer Barrett, Silpa Maruri, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; Christopher Landau, Quinn Emanuel Urquhart & Sul-livan, LLP, Washington, DC for defendant Crestview-Oxbow Acquisition. J. Clayton Athey and John G. Day, Prickett, Jones & Elliott, P.A., Wilmington, DE; Dale C. Christensen, Jr and Michael B. Weitman, Seward & Kissell, LLP, New York, NY for defendant Load Line Capital
    Case Number: D68441

    The plain language of an LLC agreement governed the parties' dispute, and the trial court improperly implied a cove-nant where no contractual gap existed. Affirmed in part, reversed in part.

  • January 17, 2019 | Daily Business Review

    Court Overturns Forced Sale of West Palm's Oxbow Carbon

    Palm Beach billionaire William I. Koch no longer faces a court order to sell his $2.5 billion energy company at the urging of two private equity stakeholders.

    1 minute read

  • January 17, 2019 | Delaware Business Court Insider

    Del. High Court Overturns Forced Sale of William Koch's Oxbow Carbon

    The Delaware Supreme Court on Thursday reversed a Chancery Court decision forcing billionaire William I. Koch to sell his $3 billion energy company so that two private equity firms could recoup their investment in the company.

    1 minute read

  • February 13, 2018 | Delaware Business Court Insider

    Koch Can't Block Forced Sale of His Energy Company, Laster Rules

    The Delaware Court of Chancery on Monday ruled that billionaire William I. Koch could not block a private equity firm from forcing the sale of his Oxbow Carbon energy company, finding gaps in the LLC agreement were being used to scuttle members' attempts to force an exit sale.

    1 minute read