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IN RE J.P. MORGAN CHASE & CO. S'HOLDER LIT.

C.A. No. 531-N.

906 A.2d 808 (2005)

In re J.P. MORGAN CHASE & CO. SHAREHOLDER LITIGATION.

Court of Chancery of Delaware, New Castle County.

Decided: April 29, 2005.

Attorney(s) appearing for the Case

Seth D. Rigrodsky, Ralph N. Sianni, Milberg Weiss Bershad & Schulman, L.L.P., Wilmington, DE; Steven G. Schulman, Richard Weiss, Milberg Weiss Bershad & Schulman. L.L.P., New York City; Peter D. Bull, Bull & Lifshitz, L.L.P., New York City, for the Plaintiffs.

Jesse A. Finkelstein, Lisa M. Zwally, Michael R. Robinson, Richards, Layton & Finger, P.A., Wilmington, DE; Michael A. Cooper, Sharon L. Nelles, Sullivan & Cromwell, L.L.P., New York City; Nancy E. Schwartzkopf, J.P. Morgan Chase Legal Dept., New York City, for the Defendants.

OPINION

LAMB, Vice Chancellor.

I.

In 2004, two banks agreed to a business combination that was expected to create the second largest financial institution in the country. One bank paid a premium over the market share price for the other bank, effectively making one bank the acquirer and the other bank the target.

After the merger was completed, the stockholders of the acquirer sued...

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