Friday, January 22, 2010

How do you know if a case was a test case?

If it is too good to be true then it is. What are you talking about?How do you know if a case was a test case?
Thanks for answering my question! Here's the details you asked for: There was a corporate suit in the Delaware Chancery court in 2006. The judge's opinion set a precedent (basically that it is OK to lie on M%26amp;A contracts as long as you didn't know it)


The legal eagles on both sides were top names from really big expensive lawfirms -- one is a D.C. firm staffed with former SCOTUS clerks.


The case was written up by many bloggers the day after the opinion came out, which seemed rather fast to me, as if PR firms for the lawfirm or interest group may have contacted the bloggers in advance. It is a complicated case and it is hard to imagine anyone getting up to speed on the facts fast enough to blog about it the next day.


Those things made me wonder if it was a test case and then I started to wonder just how common such a thing is and made me wonder if the judges are aware something is a test case or not and how I could possibly tell.


I'm trying to write an article on the Delaware courts and I'd appreciate any guidance on how to find out if something is a test case, or if this is common or rare or what. Also who might have pushed for it (which side? Plaintiff or Defendent? both? Or a lobby group perhaps? I would appreciate it if you could just point me in the right direction. I'm embarrassed to ask the court and show how little I know about the finer points of corporate law. Thanks!How do you know if a case was a test case?
If you have to ask, it wasn't a test.

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