Any dismissal in a class or derivative action is “with prejudice” to the named plaintiffs but without prejudice to other potential plaintiffs, the Delaware Court of Chancery has ruled.
In the case, captioned In re EZCorp Consulting Agreement Derivative Litigation and released last week, Vice Chancellor J. Travis Laster said Court of Chancery Rule 15(aaa) defines what should happen when a case is tossed.
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