DOVER (LN) — The Delaware Supreme Court on Wednesday affirmed the Court of Chancery’s specific performance ruling in a corporate dispute between AIM Ventura Capital Fund, LLC and Gabb Wireless, Inc., rejecting the company’s attempt to void a stock purchase agreement.
The Delaware Supreme Court, sitting en banc, found the judgment of the Court of Chancery should be affirmed on the basis of and for the reasons stated in the Memorandum Opinion dated August 29, 2025.
The case centered on a dispute over whether Gabb Wireless was obligated to complete a transaction with AIM Ventura Capital Fund, LLC and AIM Ventura Co-Invest I, LLC. The intervenor-plaintiffs sought specific performance, arguing the deal was final and binding.
Gabb Wireless, along with Stephen Dalby and Jana Dalby, moved to dismiss the appeal of the specific-performance ruling, arguing the matter was moot. The Supreme Court denied the motion to dismiss as moot.
The court also addressed a request for appellate attorneys’ fees. The appellees’ Motion for Appellate Attorneys’ Fees, Costs, and Expenses was denied without prejudice to their right to pursue that claim in the Court of Chancery.
The order follows oral argument held on April 22, 2026, and a series of lower court rulings, including an Implementing Order dated September 9, 2025, and a transcript ruling granting the Dalbys’ Petition for Attorneys’ Fees, Costs, and Expenses dated November 6, 2025.
The final judgment was entered on November 19, 2025, and the Supreme Court’s affirmation brings the specific performance aspect of the litigation to a close.
The panel included Chief Justice Seitz, Justices Traynor, LeGrow, and Griffiths, and Judge Miller, who sat by designation to complete the quorum.