also City Capital Assoc. Ltd. P'ship v. Interco Inc., 551 A.2d 787, 790 (Del.Ch.1988) (stat ing that "the Supreme Court in Moran has directed us specifically to its decision in Unocal ... as supplying the appropriate legal framework [in the poison pill context]”). 154 . Moran v. Household Int'l Inc., 490 A.2d 1059, 1070 (Del.Ch.1985). 155 . Id. at 1066. 156 . Id. at 1079-80 (stating that "the Plan extends the 20% triggering event to the formation of an ownership group, acting in concert for the purposes of a proxy contest”); see also Paul H. Edelman & Randall S. Thomas, Resetting the Trigger on the Poison Pill: Selec-tica's Unanticipated Consequences 11 (Vanderbilt University Law School Law & Economics Working Paper No. 10-16, 2010), available at http://ssrn.com/abstract_id= 1631941 (<HOLDING>). 157 . Moran, 490 A.2d at 1080. 158 . Id. 159
recognizing that the pills effect on the ability of moran to win a proxy fight was a central issue in the moran case recognizing that in such close circumstances where the error involves the central issue in the case it is the better policy to require a new trial under the correct instruction holding that the improper use of a mixedmotive instruction in a butfor case shifted the burden of persuasion on a central issue in the case and therefore the error cannot be harmless recognizing that although the foreign action would resolve a central issue in the federal case because termination of the foreign case would not necessarily end the federal litigation the district courts stay order was not final recognizing that in any criminal trial the credibility of the prosecutions witnesses is central