Litigation

Chancery Stays Discovery Pending Dispositive Motion

By Francis G. X. Pileggi, Esq.

Ford Motor Company v. Drive America Holdings, Inc., 2008 Del. Ch., LEXIS 146 (Oct. 8, 2008), read opinion here. This Chancery Court decision applies the usual factors to conclude that discovery should be stayed pending the outcome of a motion to dismiss. In particular, the Court recognized that it must: "balance the costs and hardship to defendants if discovery were to proceed, against plaintiffs' need for discovery and the risk of injury to plaintiffs if a stay were granted."

Full post as published by Delaware Corporate and Commercial Litigation Blog on October 20, 2008 (boomark / email).