The Delaware Court of Chancery opinion styled: Zhou v. Deng, C.A. No. 2021-0026-JRS (Del. Ch. April 6, 2022), is notable for addressing two useful aspects of Delaware corporate and commercial litigation:
First, DGCL Section 225 is a very narrowly focused summary proceeding that is considered to be “in rem”. This limits the ability to join others who might not be subject to the personal jurisdiction of the court. See Slip op. at 8-9.
Second, this opinion features useful references to authority that describe when issues will be considered waived: for example, when they are raised for the first time in a pretrial brief, or only “generally addressed,” such as in background facts. See footnotes 61 and 64.