Litigation is fast-paced in the Delaware Court of Chancery; but when a litigant files a motion for expedited relief, the pace and the complexity increases as well. A recent case,Roseton OL LLC v. Dynegy Holdings Inc. serves as a prime example.
InRoseton , the court denied a request to issue a temporary restraining order, but made its decision based on the standard applied to a motion for preliminary injunction. The time between the filing of the initial complaint and the Chancery Court’s 57-page memorandum opinion spanned about a week, and the Delaware Supreme Court reviewed and denied an interlocutory appeal of the Court of Chancery’s decision within another week. In total, the entire case lasted only two weeks from the complaint to the final appellate ruling.
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