152 . The Supreme Court has noted the wisdom of not following a rule simply because it was "laid down in the time of Henry IV.” Keeler v. Harford Mut. Ins. Co., 672 A.2d 1012, 1017 n. 6 (Del.1996) (quoting Oliver Wendell Holmes, The Path of the Law, 10 Harv. L.Rev. 457, 469 (1897)). 153 . Pls.’ Br. in Opp’n 46; see also Oral Arg. Tr. 102:13-18 (plaintiffs’ counsel acknowledging that majority-of-the-minority conditions have been used to block going private transactions). 154 . Oral Arg. Tr. 80:2-4. 155 . 8 Del. C. § 251(b)-(c) (requiring that mergers be approved by the board of directors and the stockholders of each merging corporation). 156 . In re Cox Commc'ns, Inc. S’holders Litig., 879 A.2d 604, 618 (Del.Ch.2005). 157 . See, e.g., Aronson v. Lewis, 473 A.2d 805, 814-15 (Del.1984) (<HOLDING>); Weinberger v. UOP, Inc., 457 A.2d 701, 709 n.
holding that directors and officers are fiduciaries holding that courts should not substitute their judgment for that of the directors of a corporation  holding that where a defendant controlled the board of directors it is manifest then that there can be no expectation that the corporation would sue him and if it did it can hardly be said that the prosecution of the suit would be entrusted to proper hands holding that directors of an insolvent corporation are trustees for the creditors holding that independent directors can be entrusted with the decision to sue other directors on behalf of the corporation