Law360, New York (February 24, 2017, 11:56 AM EST) -- After the Delaware courts, in a series of decisions culminating in the January 2016 ruling in Trulia, showed their hostility toward disclosure-only settlements of merger objection lawsuits, commentators asked whether this development might mean the end of the merger objection lawsuit curse. Since that Delaware court's decision in the Trulia case, plaintiffs lawyers increasingly are filing merger objection lawsuits outside Delaware, primarily in federal court. This shift in turn raises the question of the extent to which courts in other jurisdictions will follow the principles the Delaware court set out in the Trulia case. The jurisdictional shift also raises larger questions about the future direction of merger objection litigation. A recent decision from a New York intermediate appellate court provides important perspective on many of these questions....
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