Unaffected stock price

Law360 [$$] ran this piece today, Are Delaware Courts Last To Believe In Efficient Markets?, discussing Delaware Chancery’s Aruba decision, its treatment of the efficient market hypothesis, and the Supreme Court’s upcoming hearing of the appeal, which will take place this Wednesday, March 27, 2019.

We have written on Aruba previously, along with its impact on other cases and appraisal litigation generally.  We will have a further update after the argument on Wednesday.

 

On March 27, 2019, at 10 a.m., the Delaware Supreme Court will hold argument in the Aruba Networks appraisal case.

We’ve covered the Aruba decision before, along with some of the impact the case has had on the appraisal landscape. Little doubt the argument before the Delaware Supreme Court will be enlightening to anyone interested in appraisal; we’ll have a further update after the argument.

In the Columbia Pipeline Group appraisal case, as reported in Law360 [$$], Vice Chancellor Laster rejected the stockholders’ request to stay or, in the alternative, extend the fact discovery deadline for 2 months pending the appeal of the Aruba Networks ruling.  The court stated in its March 7 ruling that the shareholders should have known from the outset of the case that Columbia Pipeline’s market price “would be a factor” in the proceedings, and that the Aruba decision did not introduce anything new, “whether as a matter of doctrine or for purposes of the parties’ case strategy or trial tactics.”

The court also contrasted the stay request put before it to that in Aruba Networks, where the same judge did stay proceedings pending the Supreme Court’s decision in DFC Global.  The court’s rationale was that the Aruba proceedings had been nearly completed, and the DFC appeal had been argued, with a ruling expected within 90 days, thus warranting a stay.  In Columbia Pipeline, by contrast, the parties are in the midst of discovery, and the Aruba appeal has not yet even been taken given the pendency of a motion for re-argument before the trial court.