ANALYSIS: Cone of Uncertainty Weighs on Blue Bell Chancery Trial

Early next year, the Delaware Court of Chancery might be in a position to once and for all resolve a milestone case that has been on the court’s docket for roughly a decade, while also creating paradigm-shifting corporate law precedent on so-called Caremark claims in the process.

The case against Blue Bell Creameries for breach of oversight duties by the company’s fiduciaries, Marchand v. Barnhill, is set for trial in February, and would be the first Caremark case—lawsuits alleging corporate fiduciaries failed to implement and/or monitor any reporting or information system meant to mitigate or prevent risk that would ...