The Delaware Supreme Court’s decision reversing the Court of Chancery and blocking Allergan Inc.’s shareholders from pursuing litigation against the company in Delaware after similar claims had been dismissed by a California federal court has been hailed by some for making it harder for lawyers to rekindle dismissed cases in other jurisdictions.
However, some legal analysts are concerned that the court’s opinion did little to solve the problem of "first-filing," which the Chancery Court sought to address through its opinion in the case.
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