IN RE GAYLORD CONT. CORP. SHAREHOLDERS

Civil Action No. 14616.

747 A.2d 71 (1999)

In re GAYLORD CONTAINER CORPORATION SHAREHOLDERS LITIGATION.

Court of Chancery of Delaware, New Castle County.

Decided: August 10, 1999.


Attorney(s) appearing for the Case

Joseph A. Rosenthal, Carmella P. Keener, of Rosenthal, Monhait, Gross & Goddess, Wilmington, DE; Steven G. Schulman, Edith M. Kallas, Cary L. Talbot, of Milberg Weiss Bershad Hynes & Lerach, New York City, and Stephen Ramos, of Berger & Montague, Philadelphia, PA, of counsel, for Plaintiffs.

William O. LaMotte III, Karen Jacobs Louden, S. Mark Hurd, of Morris, Nichols, Arsht & Tunnell, Wilmington, DE; Thomas O. Kuhns, Timothy A. Duffy, of Kirkland & Ellis, Chicago, IL, of counsel, for Individual Defendants.

Lewis H. Lazarus, of Morris, James, Hitchens & Williams, for Nominal Defendant Gaylord Container Corporation.


OPINION

STRINE, Vice Chancellor.

Nearly four years into this purported class action, this court confronts the question of whether a class should be certified.1 The answer to that question turns on whether the plaintiffs' Unocal claims allege special injury, justifying a characterization of them as stating individual, as well as derivative, claims. In this opinion, I conclude that the complaint does state individual claims...

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