Things keep getting tougher for class action plaintiffs. You may recall that the Delaware Supreme Court recently held that fee-shifting provisions in a corporation’s bylaws are facially valid and enforceable against stockholder plaintiffs under Delaware corporate law. (See this Doug’s Note.) Now comes the U.S. Supreme Court’s decision in Halliburton v. Erica P. John Fund, Inc., which adds another defense against the proliferation of meritless stockholder class action litigation.
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