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CROTHALL v. ZIMMERMAN

No. 608, 2013.

94 A.3d 733 (2014)

Katherine D. CROTHALL, et al., Defendants-Below, Appellants, Cross-Appellees, and Adhezion Biomedical, LLC, a Delaware limited liability company, Nominal Defendant-Below, Appellant, Cross-Appellee, v. Robert ZIMMERMAN, Plaintiff-Below, Appellee, and The Williford Firm, LLC and Evan O. Williford, Intervenors-Below, Appellees, Cross-Appellants.

Supreme Court of Delaware.

Decided: June 9, 2014.

Attorney(s) appearing for the Case

Richard A. Barkasy, Esquire , Schnader Harrison Segal & Lewis LLP, Wilmington, Delaware, Attorney for Defendants, Appellants, Cross-Appellees.

David J. Margules, Esquire , Ballard Spahr LLP, Wilmington, Delaware, Attorney for Nominal Defendant, Appellant, Cross-Appellee.

Evan O. Williford, Esquire , The Williford Firm LLC, Wilmington, Delaware, Attorney for Intervenors, Appellees, Cross-Appellants.

Before STRINE, Chief Justice, HOLLAND, and RIDGELY, Justices.

STRINE, Chief Justice:

This is an unusual appeal that arises from what was once a derivative suit in the Court of Chancery. The derivative plaintiff in this case was Robert Zimmerman, a common unitholder of Adhezion Biomedical, LLC ("Adhezion"), who was also the co-founder, former CEO, and a former director of Adhezion. Zimmerman brought suit against the directors of Adhezion and two Adhezion investors — Liberty Advisors, Inc. and Originate Ventures, LLC &...

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