Delaware Business Litigation Report

Court Of Chancery Sets Pleading Rule For Self Dealing Claim

Monroe County Employees' Retirement System v. Carlson, C.A. 4587-CC (June 7, 2010)

Because "self dealing" sounds so bad, sometimes a plaintiff thinks that all she needs to do is say those words in a complaint to state a claim.  Not so.  As this decision points out, self dealing may still be fair if the price is right.  Hence, to state a claim a complaint must state facts that show the deal was not fair.

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