Supreme Court of Delaware

Chester County Employees' Retirement Fund v. New Residential Investment Corp.

May 10, 2018

Summary

The Supreme Court of Delaware affirmed dismissal of the plaintiff's fiduciary-duty claims. It held that the plaintiff could not raise for the first time on appeal an argument that Fortress's alleged side benefits created a material conflict because the issue was not fairly presented below, and that the plaintiff was required to plead the materiality of any side benefit in this non-self-dealing transaction.