BRADDOCK v. ZIMMERMAN

No. 489, 2005.

906 A.2d 776 (2006)

Richard S. BRADDOCK, Jay S. Walker, N.J. Nicholas, Jr., Defendants Below, Appellants, and Priceline.com Incorporated, a Delaware Corporation, Nominal Defendant Below, Appellant, v. Mark ZIMMERMAN, Derivatively on Behalf of Nominal Defendant Priceline.com Incorporated, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 12, 2006.


Attorney(s) appearing for the Case

Bruce L. Silverstein, Esquire, and Danielle Gibbs, Esquire, Young, Conaway, Stargatt & Taylor, Wilmington, Delaware and Daniel Slifkin, Esquire (argued), Cravath, Swaine & Moore, New York, New York, for appellants, Richard S. Braddock and Priceline.com.

Anne C. Foster, Esquire, Richards, Layton & Finger, Wilmington, Delaware, and Jeanne Irving, Esquire, of Hennigan, Bennett & Dorman LLP, Los Angeles, California, for appellants, Jay S. Walker and N.J. Nicholas, Jr.

R. Bruce McNew, Esquire, Taylor & McNew, Greenville, Delaware and Eric L. Zagar, Esquire (argued), Schiffrin & Barroway, Radnor, Pennsylvania, for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.


HOLLAND, Justice.

This is an interlocutory appeal from an order by the Court of Chancery that granted the plaintiff's motion for leave to file a second amended complaint. At issue is the legal meaning and effect of a Court of Chancery order dismissing a derivative suit "without prejudice" on Rule 23.1 "demand required" grounds. This appeal also requires our analysis of the Court of Chancery's holding in Harris v. Carter...

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