Considering the ongoing boom in M&A shareholder litigation, it’s no surprise that lead plaintiffs are coming under increased scrutiny in Delaware Chancery Court. And even when they choose to give dubious conduct a pass, the judges are keeping score.

On Friday, over the objection of Celera Corp.’s largest shareholder, Vice Chancellor Donald Parsons approved a noncash settlement in a case challenging Quest Diagnostics’ $344 million acquisition of Celera last May. He signed off on the disclosure-only deal despite the fact that the lead plaintiff, a New Orleans pension fund, had sold its shares in the company before the merger closed.

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