Supreme Court of Delaware

SDF Funding LLC v. Fry

July 8, 2022

Summary

The Supreme Court of Delaware refused to accept the plaintiffs' interlocutory appeal from the Court of Chancery's partial summary judgment ruling in a derivative action. Although the appeal involved a substantial issue of material importance and implicated the construction and application of the contemporaneous-ownership requirement, the Court held that the strict standards for interlocutory review were not met because exceptional circumstances were absent and the likely costs and disruption outweighed the benefits.