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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
Morris James Blogs
Court of Chancery Approves Opt Out Settlement
This decision has a good summary of the law governing certification of a class and when to approve a class settlement. Here the settlement permitted class members to opt out without the loss of any rights to pursue other related litigation. Thus, this decision distinguished the recent decision in Off v. Ross that had disapproved a settlement without opt out rights.
The interesting question is whether these two cases now mean that opt out classes are favored in Delaware. We doubt it. However, it is certainly the case that settlements with hardly any benefits to class members are receiving even greater scrutiny.