Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Superior Court of Delaware holding that partial motions to dismiss toll the period for answering the entire complaint under Delaware’s Note Action Statute moving for partial dismissal before answering is not a procedural error necessitating a default or other repercussions. However, the courts are free under the rules to make case-specific judgments about the timing, nature and prudence of pleadings.
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