DealLawyers.com Blog

According to a recent report, the Delaware Chancery Court’s case load has grown at a compound annual rate of 5% since 2017, with much of the growth coming from cases in which the Chancery’s jurisdiction is grounded in Section 111 of the DGCL. In addition, motions to expedite proceedings continue to grow, with nearly 1/3rd of the Court’s cases requesting expedition.

This Morris Nichols memo explains that the Delaware Supreme Court recently took an unusual step to help address the increasing demands on the Chancery Court. Here’s an excerpt summarizing the Court’s action:

To alleviate the increasing strain on the Court of Chancery, on February 23, 2023, the Delaware Supreme Court issued a Standing Order designating the five Superior Court judges who serve on that court’s Complex Commercial Litigation Division (the Honorable Eric. M. Davis, Paul R. Wallace, Abigail M. LeGrow, Sheldon K. Rennie, and Meghan A. Adams) as Vice Chancellors empowered to hear and resolve any case filed under Section 111, as selected by the Chancellor of the Court of Chancery and the President Judge of the Superior Court.

The memo explains that the CCLD was formed in 2010 and was intended to create a panel of judges with in complex commercial disputes, and its cases are given priority over others on the Superior Court’s docket. The CCLD also has rules and standing orders to help further expedite proceedings.  The Supreme Court’s Standing Order will remain in effect for one year, and then will be reviewed by the Chief Justice, the Chancellor, and the President Judge to determine whether it should remain in place and for how long.

– John Jenkins