Court Vacates Memorandum Opinion Under Rule 60(b)

Court of Chancery Rule 60(b) allows a party to seek vacatur of a memorandum opinion or an order, under the "interests of justice" when events beyond such party's control thwarts their ability to appeal such underlying judgment.

In a unique procedural set of events in the case of Shocking Technologies, Inc. v. Michael,  C.A. No. 7164-VCN (May 29, 2015), Defendant Simon J. Michael ("Michael") sought vacatur of a memorandum opinion issued in 2012 finding that he had breached his fiduciary duties owed to Plaintiff Shocking Technologies, Inc. ("Shocking").  The underlying action was brought under Section 225 of the Delaware General Corporation Law ("DGCL") to remove Michael as a director of the corporation.