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IN RE WAYPORT, INC. LITIGATION

Consol. C.A. No. 4167-VCL.

76 A.3d 296 (2013)

In re WAYPORT, INC. LITIGATION.

Court of Chancery of Delaware.

Decided: May 1, 2013.

Attorney(s) appearing for the Case

Bruce E. Jameson,   Marcus E. Montejo, Prickett, Jones & Elliott, P.A., Wilmington, Delaware; Attorneys for Plaintiffs.

Gregory V. Varallo,   John D. Hendershot,   Rudolf Koch,   Scott W. Perkins, Richards, Layton & Finger, P.A.; Attorneys for Defendants Wayport, Inc. and Gordon P. Williams, Jr.

M. Duncan Grant,   James H.S. Levine, Pepper Hamilton LLP, Wilmington, Delaware; Roger A. Lane,   Courtney Worcester, Foley & Lardner LLP, Boston, Massachusetts; Attorneys for Defendants New Enterprise Associates VIII L.P. and New Enterprise Associates 8A L.P.

Michael F. Bonkowski, Cole, Schotz, Meisel, Forman & Leonard, P.A., Wilmington, Delaware; John J. McKetta III, Graves Dougherty Hearon & Moody, P.C., Austin, Texas; Attorneys for Defendant Trellis Partners Opportunity Fund, L.P.

OPINION

LASTER, Vice Chancellor.

The plaintiffs sued for damages arising out of their sales of stock in Wayport, Inc. ("Wayport" or the "Company"). Vice Chancellor Lamb granted the defendants' motion to dismiss in part, and his rulings represent law of the case. See Latesco, L.P. v. Wayport, Inc., 2009 WL 2246793 (Del.Ch. July 24, 2009) (the "Dismissal Opinion"). The litigation proceeded to trial against the remaining defendants on claims for...

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