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Court Of Chancery Explains Equitable Tolling

Posted In Class Actions

In re Primedia Inc. Shareholders Litigation, C.A. 6511-VCL (December 20, 2013)

This decision explains when the doctrine of equitable tolling will save a complaint from being dismissed because it was filed too late.  If the plaintiff would not have been able to discover the key facts supporting a claim by inspecting the company's books and records, equitable tolling of the applicable limitations period will apply until those facts come to light. That is particularly helpful in a Brophy claim alleging the use of insider information where the knowledge of the insider may not become apparent until that insider's records are disclosed.