Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
Forsythe v. ESC Fund Management Co. (U.S.), Inc., C.A. 1091-VCL (Del. Ch. Feb. 6, 2013).
Issue addressed: Whether the court would allow objectors to the settlement of a derivative suit to guarantee the amount of the settlement and “take a chance” at pursuing a higher recovery at trial or in a later, new…
Forsythe v. ESC Fund Management Co. (U.S.), Inc., C.A. No. 1091-VCL (Del. Ch. May 9, 2012).
Issue Addressed
Whether the settlement of a derivative action that the Court considered fair should be approved despite the objections of the named plaintiffs.
Short Answer
The Court explained that the settlement could still be approved even if…
In Electronics for Imaging, Inc. S’hldrs Litig., (Del. Ch., Sept. 4, 2008), as reported here on Delaware Business Litig. Reporter, the Chancery Court approved the settlement of a class and derivative case that allowed for suit to be filed against the D & O carrier if the carriers did not fund the settlement according to the court’s order.