Lambrecht v. O’Neal

E-Law Admin/ September 15, 2010/ Zivilrecht/ 0Kommentare

Lambrecht v. O’Neal, 135, 2010

In a proceeding under Article IV, Section 11(8) of the Delaware Constitution and Supreme Court Rule 41 on a question of law certified to the Delaware Supreme Court from the United States District Court for the Southern District of New York, the court answers the certified question as follows: plaintiffs in a double derivative action under Delaware law who were pre-merger shareholders in the acquired company and who were current shareholders, by virtue of a stock-for-stock merger in the post-merger parent company, need not also demonstrate that at the time of the alleged wrongdoing at the acquired company: (a) they owned stock in the acquiring company, and (b) the acquiring company owned stock in the acquired company.

Appellate Information

  • Decided 09/15/2010
  • Published 09/15/2010


  • Jack B. Jacobs


  • Supreme Court of Delaware


  • For Appellant:
  • Adam L. Balick, Paul J. Lockwood

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