In re Baker Hughes, A GE Company, Derivative Litigation

Summary

The Court affirmed the Court of Chancery’s termination of derivative litigation after the special litigation committee’s sole member testified live about his independence, investigation, and conclusions. It held that the Court of Chancery did not abuse its discretion by considering that testimony and assessing the witness’s credibility, particularly because the plaintiffs had notice and did not object before or during the hearing. The Court also relied on the other reasons stated in the Court of Chancery’s decision.