No Second Bite At The Apple: Delaware Superior Court Denies Motion For Reargument.

In AFH Holding Advisory, LLC, et al. v. Emmaus Life Sciences, Inc., C.A. No. N12C-09-045-MMJ CCLD (Johnston, J.), the Delaware Superior Court denied the plaintiffs' motion for reargument. The Court's decision in AFH Holding Advisory highlights the difficulty of prevailing on a Rule 59(e) motion to reargue. The decision can be read in its entirety here.

The Court had previously granted the defendant's motion for summary judgment and granted-in-part and denied-in-part the plaintiffs' motion for summary judgment. The plaintiffs moved for reargument under Rule 59(e), arguing that "the Court misapprehended four facts in a manner that . . . affected the outcome of the decision." (Opinion at 2.)