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Former Midway Board members get away

by on09 February 2010

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Creditors on the losing end of lawsuit

As we reported some time back, the creditors of Midway took the members of the Midway Board of Directors to court in an attempt to hold them in some way responsible for the disaster that Midway became before its demise. It was suggested in the filing that a variety of people made money on the deal, but the creditors were left holding the bag, which was empty.

However, the judge ruled that the lawsuit should be dismissed, as the directors were not responsible for any wrongdoing despite the fact that they did nothing to stop the ruin of the company. The Delaware law being enforced was at the heart of the matter, as because of this law the judge had few choices. In his decision, the judge did say, “The defendants oversaw the ruin of a once highly successful company, only to hide behind the protective skirt of Delaware law, which the court is bound to apply.”

With this ruling, this all but ends Midway, as the majority of the viable assets have already been sold to Warner Bros Interactive. With the creditors and investors unable to hold anyone accountable in the courts, it does not seem promising that they will recover any of their lost money or investment. In the end, it seems that there is little to say other than “game over.”

Last modified on 09 February 2010
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