In Solow v. Aspect Resources, LLC, Del. Supr., No. 484, 2011 (Mar. 19, 2012), the Delaware Supreme Court ruled that the Court of Chancery has discretion to dismiss a case for lack of adequate prosecution by the plaintiff.  In this case, no activity had occurred for approximately two years after the plaintiff originally conducted discovery.  The Court issued a notice under Court of Chancery Rule 41(e) stating that it would dismiss the case without further notice absent good cause shown for lack of prosecution.

Plaintiff asserted that he could not find another lawyer during this period of time, and that he was involved in meaningful settlement discussions with defendant during this time, which defendant refuted.  In light of the significant period of time that had elapsed in the matter, the Court did not find justification for the prolonged delay in prosecuting the case, and dismissed the matter. 

This case is important in that it enforces the notion that the Court of Chancery has discretion to dismiss matters which have not been adequately prosecuted, and will do so in the event of a prolonged period of inactivity in a case, absent good cause to the contrary.