Delaware Court of Chancery Interprets Rule 54(b) on Multiple Claims

 Policemen’s Annuity and Benefit Fund of Chicago, Illinois v. DV Realty Advisors LLC, C.A. No. 7204-VCN (Del. Ch. May 28, 2015) [an enhanced version of this opinion is available to subscribers].

This letter ruling is useful for purposes of discussing the criteria that the court will apply to determine whether the court’s decision on one of multiple claims can be treated as final for purposes of allowing an appeal for less than all of the claims in a pending matter, pursuant to Rule 54(b).

Delaware Court of Chancery Rule 54(b), modeled after its counterpart in the Federal Rules of Civil Procedure, allows, under certain circumstances, the trial court to finalize an order addressing less than all of the issues in a case when a complaint involves multiple claims, for purposes of appeal. After applying the factors to the circumstances of the instant case, the court denied the motion.

The court may enter a Rule 54(b) judgment when: “(1) the action involves multiple claims or parties, (2) at least one claim or the rights and liabilities of at least one party have been finally decided, and (3) there is no just reason for delaying an appeal." See footnote 4.

 Read more Delaware business litigation case summaries and commentary on Delaware Corporate and Commercial Litigation Blog, a blog hosted by Francis G.X. Pileggi, of Eckert Seamans.

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