Supreme Court of Delaware

Dismissal of a Delaware purported class action complaint challenging a cash-out merger on the ground of forum non conveniens is reversed where the trial court misapplied the relevant law, as the case at hand was not a rare case and there was no showing of overwhelming hardship.

Appellate Information

• Decided 05/01/2006
• Published 05/01/2006

Judges

• BERGER, Justice., Before HOLLAND, BERGER and JACOBS, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Ronald A. Brown, Jr., Esquire, of Prickett, Jones & Elliott, P.A., Wilmington, Delaware, for Appellant.


• For Appellees:
  
• Michael R. Lastowski, Esquire, and Matt Neiderman, Esquire, of Duane, Morris, LLP, Wilmington, Delaware, and Stewart D. Aaron, Esquire, Veronica E. Rendon, Esquire (argued) and J. Alex Brophy, Esquire, of Arnold & Porter, LLP, New York, New York, for Appellees.