Supreme Court of Delaware

Robert A. Davidow v. Dov Seidman

December 19, 2024

Summary

The Supreme Court of Delaware refused to accept the plaintiffs' interlocutory appeal from the Court of Chancery's ruling that they were inadequate class representatives. The Court noted that the appeal appeared untimely because it was filed more than thirty days after the adequacy ruling, and held alternatively that the strict requirements for interlocutory review were not satisfied. The Court concluded that no Rule 42(b)(iii) criterion or exceptional circumstance supported review and that the benefits of review did not outweigh its likely costs and disruption.