A nominal defendant named solely for the purpose of derivative claims cannot be counted as a defendant for the purpose of the Delaware Court of Chancery’s two-dismissal rule, the court concluded in a master’s report. The court’s decision allowed the plaintiffs, who voluntarily dismissed two lawsuits against the defendants in Maryland, to assert two new counts against the defendants in Delaware.
Master in Chancery Abigail M. LeGrow issued the decision in Todd Allan Printing v. Burke as a master’s report. All master’s reports are submitted to the Chancery Court chancellor or vice chancellor for review and approval.
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