Sheldon H. Solow, Below v. Aspect Resources, LLC, Aspect Energy, LLC, Aspect Management Corp., and Alex M. Cranberg…

Summary

The Supreme Court of Delaware affirmed the dismissal of Solow’s amended complaint for failure to prosecute. It held that the Court of Chancery did not abuse its discretion in finding that more than two years of inactivity was not justified by Solow’s search for new counsel or conceptual settlement discussions. The court applied the requirement that the reasons and length of delay be balanced against the policy favoring decisions on the merits.