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Analysis

Del. High Court's Opt-Out Ruling Won't Impact Future Settlements, Analysts Say

The Legal Intelligencer

January 4, 2013

The Delaware Supreme Court has reversed a portion of a 2012 Delaware Court of Chancery decision and, in doing so, granted a plaintiff the right to opt out of a class action settlement reached between two defendants and the shareholders of one of the defendants. Although some have alleged that the decision could make it more difficult for corporations to end litigation, two legal analysts say the Supreme Court's ruling will not have a major impact on future shareholder litigation because facts in the case before the high court were unique and unlikely to be duplicated.

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