The decision of OptimisCorp. v. Waite, et al., C.A. No. 8773-VCP (Del. Ch. Jan. 28, 2015) is a good read for litigants seeking leave of the Court to amend a complaint.  In this decision, plaintiffs requested leave of the court to plead additional co-conspirators to the alleged conspiracy and to impose liability on defendants on a theory of conspiracy or aiding and abetting.

The Court denied plaintiffs’ request for leave given that plaintiffs waited eleven months after the deadline to amend pleadings to request leave.  In addition, the Court held that plaintiffs “were required to provide Defendants fair notice of the nature and scope of their conspiracy claims during the pre-trial proceedings.” (Slip op. at 28).  The failure of plaintiffs to adequately disclose such facts during discovery proved fatal.

This case is an important decision for any party to a litigation in that it demonstrates the pitfalls that a litigant should avoid in order to adequately prosecute a case and to ensure that all causes of action and related facts are adequately disclosed.

If you would like to speak to a litigator in Fox Rothschild’s Delaware office, please reach out to Sid Liebesman (302) 622-4237 or Seth Niederman (302) 622-4238.