The Attention They Deserve

Another day, another Musk slap from the Delaware Court of Chancery in denying a motion to reconsider a discovery ruling in the Twitter litigation

Defendants appear to be under the impression that they can take unreasonable positions in their discovery requests, when conferring with their opponents, and in motion practice, and then, through reargument, propose a more reasonable approach. A motion for reargument is not a vehicle for renegotiation. A court makes rulings, not proposals for the parties to counter. Defendants’ approach wastes judicial and litigant resources.

Defendants should be forewarned that I will give future motions for reargument the attention they deserve. If a motion appears to have merit, then I will address it promptly. Otherwise, I will take the motion under advisement for the full 90-day period and address the motion, to the extent a ruling remains warranted, in connection with post-trial briefing.

No misapprehension

I did not misapprehend this argument. I simply rejected it as relevant. Defendants’ displeasure with that decision is not a basis for reargument.

(Mike Frisch)