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Court Of Chancery Requires Dismissal With Prejudice Of Withdrawn Derivative Suit

In Re Ezcorp Inc. Consulting Agreement Derivative Litigation, C.A. 9962-VCL (January 15, 2016)

When, after full briefing, the plaintiff decides that he cannot meet the heightened pleading rules of the recent Cornerstone case, may he just walk away without prejudice to his right to sue again later or must the suit be dismissed with prejudice not just to him but to all stockholders?

This decision answers those questions by holding the named plaintiff’s case generally must be dismissed with prejudice as to him but not to all other stockholders.

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