Court of Chancery of Delaware.https://leagle.com/images/logo.png
Date Submitted: July 25, 2013.
Date Decided: October 16, 2013.
Attorney(s) appearing for the Case
R. Bruce McNew, of Taylor & McNew LLP, and Seth D. Rigrodsky, Brian D. Long and Gina M. Serra, of Rigrodsky & Long, P.A.; Of Counsel: Lionel Z. Glancy, Michael Golberg and Louis Boyarsky, of Glancy Binkow & Goldberg LLP, and Randall J. Baron and David T. Wissbroecker, of Robbins Geller Rudman & Dowd LLP, and Carl. L. Strine and Joshua H. Saltzman, of Wolf Popper LLP, Attorneys for Plaintiffs.
Gregory V. Varallo, Rudolf Koch, Robert L. Burns and Christopher H. Lyons, of Richards, Layton & Finger, P.A.; Of Counsel: Marc J. Sonnenfeld, Elizabeth Hoop Fay and Karen Pieslak Pohlmann, of Morgan, Lewis & Bockius LLP, Attorneys for Defendants BioClinica, Inc., David E. Nowicki, Mark L. Weinstein, Jeffrey H. Berg, Martin M. Coyne, E. Martin Davidoff, Marcella LoCastro, Adeoye Y. Olukotun, Wallace P. Parker, Jr. and John P. Repko.
Robert S. Saunders, Ronald N. Brown, and Arthur R. Bookout, of Skadden, Arps, Slate, Meagher & Flom, Attorneys for Defendants JLL Partners, Inc., BioCore Holdings, Inc. and BC Acquisition Corp.
Court of Chancery of Delaware.
MEMORANDUM OPINION
GLASSCOCK, Vice Chancellor.
Where a complaint seeking to enjoin a merger on grounds of breach of duty by the company's directors is insufficient to support a motion to expedite, the chances of the same allegations surviving a motion to dismiss are vanishingly small.1 Those chances are smaller still where the motion to dismiss comes after the merger has closed, the duty of care claims have fallen away with the...
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