Another Jurisdiction, Another Disclosure Settlement?

Law360, New York (January 20, 2017, 12:19 PM EST) -- Jan. 22 marks the one-year anniversary of the Delaware Court of Chancery's opinion in Trulia.[1] That decision announced that the paragon of nuisance settlements — the "disclosure only" settlement — would no longer be welcome in Delaware. If the parties could not demonstrate that they had provided a "plainly material" benefit to the class, the Court of Chancery would not approve the settlement. A lingering question after the decision, however, was whether courts in other jurisdictions would be more welcoming. Would nuisance suits merely migrate out of Delaware?

Although the final year-end data are not yet out, from the evidence available...

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