Tyler O'Connell on Class Action

Court of Chancery Finds Class Counsel’s Litigation Funding Agreement is Discoverable

Burkhart v. Genworth Fin., Inc., C.A. No. 2018-0691-NAC (Del. Ch. Aug. 21, 2024). The rise in litigation funding brings a predictable follow-on question: Are litigation funding agreements protected as work product, or...more

2/7/2025 / Class Action , Class Members , Consumer Litigation , Contract Terms , Disclosure Requirements , Discovery , Insurance Industry , Litigation Funding

Chancery Holds that Related Individual and Class Claims Will Not Proceed Together and Litigants Cannot Pursue Class or Derivative...

Pope v. Hycroft Mining Holding Corp., C.A. No. 2022-0957-LWW (Del. Ch. July 9, 2024) - In this decision, the Court of Chancery found the plaintiffs could not press class claims if they also pursue related individual...more

12/10/2024 / Breach of Contract , Breach of Duty , Class Action , Derivative Suit , Fiduciary Duty

Chancery Approves Revised Class Action Settlement After Denying Initial Proposal Due to Overly Broad Release

In re AMC Entm't Holdings, Inc. S'holder Litig., Consol. C.A. No. 2023-0215-MTZ (Del. Ch. July 21, 2023) - In re AMC Entm't Holdings, Inc. S'holder Litig., Consol. C.A. No. 2023-0215-MTZ (Del. Ch. Aug. 11, 2023) - The...more

12/11/2023 / Board of Directors , Breach of Duty , Class Action , Class Action Settlement , Fiduciary Duty

Chancery Rejects Declining-Percentage Method, Awards $266.7 Million in Attorneys’ Fees for $1 Billion Class Action Settlement

In re Dell Techs. Inc. Class V S'holders Litig., C.A. No. 2018-0816-JTL (Del. Ch. July 31, 2023, revised Aug. 22, 2023) - Stockholders filed class actions in the Court of Chancery challenging the terms of a redemption of a...more

12/11/2023 / Board of Directors , Breach of Duty , Class Action , Derivative Suit , Fiduciary Duty , Shareholders

Chancery Orders Discovery Record Be Made Available to Stockholders in the Settlement Class

In re AMC Entertainment Hldgs., Inc. S’holder Litig., 2023-0215-MTZ (Del. Ch. May 20, 2023) - Under Delaware law, class members are entitled to access to the discovery record to assess the terms of a proposed class action...more

9/20/2023 / Class Action , Class Action Settlement , Class Members , Discovery , Shareholders

Court of Chancery Denies Lead Plaintiff’s Application for Incentive Fee from Overall Fee Award

Morrison v. Berry, C.A. No. 12808-VCG (Del. Ch. July 12, 2021) - Delaware courts generally do not award special compensation to lead plaintiffs in class action litigation. Delaware courts typically limit awards to...more

9/8/2021 / Attorney's Fees , Class Action , Class Representatives , Fee Awards

Citing Trulia and Walgreens Decisions, Federal District Court Orders Plaintiffs’ Counsel to Return Agreed-Upon Mootness Fee

House v. Akorn, Inc., Consol. Nos. 17-C-5018, 17-C-5022, 17-C-5026 (N.D. Ill. Jun. 24, 2019). Disclosure-only settlements of stockholder class actions have received increased scrutiny following the Delaware Court of...more

7/10/2019 / Acquisitions , Class Action , Mergers , Mootness , Settlement Agreements

Tyler O'Connell

Morris James LLP

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