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Cashed-Out Shareholders May Bring Class Action for Damages and Appraisal |
September 3, 2009
Previously published on July 2009
In Berger v. Pubco Corp., No. 509, 2008, 2009 WL 1976529 (Del. July 9, 2009), the Delaware Supreme Court held that minority shareholders who tender in short-form mergers based on incomplete disclosures may bring a class action for damages without an "opt in" requirement or the need to escrow the merger consideration in the interim.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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