Delaware Supreme Court building. Courtesy photo.
A West Virginia federal court’s decision in favor of AmerisourceBergen doesn’t prevent shareholders from making similar allegations about opioid distribution in the Court of Chancery, the Delaware Supreme Court has decided.
It’s the first time the state’s high court has officially addressed whether or not a Delaware judge can take adjudicative notice of factual findings from another court, and the opinion written by Justice Gary Traynor stated Delaware’s rules of evidence are similar enough to the federal rules that the federal precedent not to adopt those findings when underlying facts are disputed should apply.
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