Hauspie v. Stonington Partners, Inc., C.A. No. 18524-NC, Berger, J. (Del. March 7, 2008)
The Court addressed whether a default judgment in excess of $750 million should be vacated. The trial court rejected Defendant’s arguments concerning defects in service of process, the alleged unenforceability of any judgment, and excusable neglect. This Court however, concluded that the original complaint failed to alleged fraud with particularity, as required by the Court of Chancery Rule 9(b). Ultimately, this Court vacated the default judgment and allowed the matter to proceed to trial.