Supreme Court of Delaware

In an action challenging a default judgment in excess of $750 million, judgment is reversed in part where the complaint on which the default judgment was predicated failed to allege fraud with particularity, as required by the Court of Chancery Rule 9(b).

Appellate Information

• Decided 03/07/2008
• Published 03/07/2008

Judges

• BERGER, Justice:, Before STEELE, Chief Justice, BERGER and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Donald H. Chase, Esquire (argued) of Morrison Cohen, LLP, New York City;  Neal J. Levitsky, Esquire of Fox Rothschild, LLP, Wilmington, DE, for Appellant Nico Willaert.


• For Appellees:
  
• Max W. Berger, Esquire, Steven B. Singer, Esquire and Avi Josefson, Esquire (argued) of Bernstein Litowitz Berger & Grossmann, LLP, New York City;  David C. McBride, Esquire, John W. Shaw, Esquire and Kristen Salvatore DePalma, Esquire of Young Conway Stargatt & Taylor, LLP, Wilmington, DE, for Appellees.