On April 13, 2026, the Delaware Court of Chancery dismissed all 12 claims asserted in The Gregory M. Raiff 2000 Trust v. Jenzabar, Inc., 2026 WL 992587 (Del. Ch. Apr. 13, 2026). Some claims were exclusively derivative, some were unripe, some were time-barred, and some were deficient for a combination of these reasons. The court cited Brookfield’s holding that dilution claims without more are derivative and rejected the plaintiffs’ contention that their claims fell within two exceptions to Brookfield. The opinion also reinforces the well-established distinction between indemnification and advancement of fees and illustrates the perils for plaintiffs who file too early or too late.
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