Chancery Court Chancellor Andre G. Bouchard on Tuesday recommended that Delaware’s high court adopt a new rule to protect the due process rights of derivative plaintiffs who were beat to the courthouse by so-called “fast-filers” in other jurisdictions.
The state Supreme Court, Bouchard said, should embrace dicta from a 2016 decision by Vice Chancellor J. Travis Laster that urged a second-filed case be allowed to proceed in Delaware until a foreign action survives a motion to dismiss or a company’s board of directors declines to oppose the suit.
