Edited by Sean Griffith, Jessica Erickson, David H. Webber and Verity Winship
Chapter 7: Fighting frivolous litigation in a multijurisdictional world
The chapter interrogates recent efforts by the Delaware Chancery Court to rein in disclosure-only settlements. Under the author’s analysis, such suits might constitute a “necessary evil” in service of another goal: “Delaware’s ability to stay at the forefront of corporate law.” Much depends on whether plaintiff law firms know the strength of their cases at filing, or whether they only develop that understanding over time. If the latter, rational firms might bring cases outside of Delaware—even strong cases—for fear that the lack of ability to obtain a disclosure-only settlement would leave them unable to recover costs in Delaware if the case turned out to be weak. The author raises the possibility that Delaware’s crackdown on such settlements may be incompatible with its commitment to remain the leading forum for corporate litigation.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.