A recent Delaware Court of Chancery ruling addressed the scope of discovery in connection with a dispute about a failed merger to the extent that “deeply personal” and embarrassing information about a CEO was sought, purportedly in connection with the role the CEO played in the alleged failure of his company to use contractually mandated
Prejudicial
Court Denies Motion to Strike Scandalous Parts of Complaint
By Francis Pileggi on
Posted in Court of Chancery Updates
Bear Stearns Mortgage Funding Trust 2007 –AR2 v. EMC Mortgage LLC, C.A. No. 6861-CS (Del. Ch. Jan. 17, 2013).
Why This Case is Noteworthy
This case deals with a rather unusual motion under Rule 12(f) to strike portions of a complaint that are alleged to be: “Immaterial, impertinent, and scandalous.” These motions are rarely…