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Court of Chancery Explains Notice Required for Moot Claims

Swomley v. Schlecht, C.A. 9355-VCL (March 12. 2015)

This decision explains what notice is required when a representative litigation is to be dismissed as moot and a fee paid to the plaintiff's attorneys.  Notice should be given to the class or the other stockholders in the way and form spelled out in this case. Further, the case may be re-filed by another stockholder who has the right to claim it was not moot.  No hearing is required before the case is dismissed after the notice is given.

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blog, complex commercial litigation, corporate counseling & litigation