Delaware Business Litigation Report

Court Of Chancery Applies Limitations To Books And Records Case

Wolst v. Monster Beverage Corporation, C.A. 9154-VCN (October 3, 2014) Normally a books and records case will not be dismissed on the basis that the claim sought to be investigated is subject to some affirmative defense. That defense is for another day if the claim is ever filed. However, when that claim is clearly subject to a limitations defense, then investigation of it may be too burdensome to permit, as was the case here. Note, however, that the underlying claim involved in this case had been investigated before and that influenced the decision. Share