Morgan Zurn Explained

Morgan T. Zurn
Office:Vice Chancellor of the Delaware Court of Chancery
Term Start:October 4, 2018
Appointer:John Carney
Predecessor:Seat established
Alma Mater:University of Virginia (B.A.)
University of Pennsylvania Law School (JD)

Morgan T. Zurn is an American lawyer and judge on the Delaware Court of Chancery.

Career

Zurn received a Bachelor of Arts degree from the University of Virginia and received her J.D. from the University of Pennsylvania Law School.[1] She began her career as a patent lawyer. She then served as a Deputy Attorney General at the Delaware Department of Justice.[2]

In September 2018, Governor John Carney nominated Zurn and Kathaleen McCormick to two new vice-chancellor positions on the Delaware Court of Chancery.[3] Carney praised Zurn's "breadth of knowledge, devotion to public service and passion for her work." She was confirmed by the Delaware Senate on October 3 and was sworn in on October 4.[4]

Notable Cases

In September 2021, Zurn denied the defendants' motion to dismiss a stockholder derivative complaint based on the Boeing 737 MAX crashes that occurred in 2019.[5] [6] [7] Two months later, the defendants—members of Boeing's board of directors—settled the litigation for $237.5 million.[8] [9] The settlement agreement obligated Boeing to "add another director to its 12-member board with aviation, engineering or product-safety oversight experience" and to amend its bylaws to "memorialize the separation of the CEO and board chairmanship" roles that the company adopted in 2019 in response to the crashes.[10]

Also in September 2021, Zurn heard and decided DeMarco v. ChristianaCare Health Services, Inc.,[11] where the wife of a gravely ill COVID-19 patient sought an injunction forcing Wilmington Hospital to treat her husband with ivermectin.[12] [13] Zurn denied the requested injunction the morning after an expedited evidentiary hearing, holding "Patients, even gravely ill ones, do not have a right to a particular treatment, and medical providers' duty to treat is coterminous with their standard of care."[14] [15] [16] [17] Zurn's decision was cited favorably by courts addressing this issue around the country.[18]

In 2023, Zurn presided over the settlement approval process in stockholder litigation related to a "novel equity restructuring" proposed by AMC Theatres, a notable meme stock.[19] [20] On July 21, 2023, Zurn rejected the parties' proposed settlement that "would allow the company to issue more shares, sending common shares soaring" up "69% after the closing bell."[21] In her ruling, Zurn noted that an "unprecedented" number of stockholders—more than 2,800—objected to the proposed settlement. Zurn observed that "AMC's stockholder base is extraordinary" and that many AMC stockholders "care passionately about their stock ownership and the company."[21] On August 11, 2023, Zurn approved a revised settlement in the AMC case.[22]

Notes and References

  1. Web site: Judicial Officers - Court of Chancery - Delaware Courts - State of Delaware. courts.delaware.gov. July 23, 2023.
  2. Web site: Del. Gov. Names 2 Women for New Chancery Seats as Business Court Expands. McParl. Tom. September 21, 2018. Delaware Law Weekly. en. July 23, 2023.
  3. Web site: Governor Carney announces two nominations to Court of Chancery . September 20, 2018 . Delaware.gov.
  4. Web site: McCormick, Zurn Confirmed To Complete Chancery Expansion. Montgomery. Jeff. www.law360.com. en. July 23, 2023.
  5. Web site: Shepardson. David. Hals. Tom. Shareholders may pursue 737 MAX claims against Boeing board, court rules. Reuters. September 8, 2021.
  6. Web site: LaCroix. Kevin. Del. Court Substantially Denies Boeing Duty of Oversight Claim Dismissal Motion. The D&O Diary. September 9, 2021.
  7. Web site: Herlihy. Edward D.. Savitt. William. Boeing’s MAX Woes Reach the Boardroom. Harvard Law School Forum on Corporate Governance. September 13, 2021.
  8. Web site: Shepardson. David. Boeing directors agree to $237.5 million settlement over 737 MAX safety oversight. Reuters. November 5, 2021.
  9. Web site: LaCroix. Kevin. Boeing Air Crash Derivative Lawsuit Settles for $237.5 Million. The D&O Diary. Nov 7, 2021.
  10. Web site: Tangel. Andrew. Boeing Board to Add Safety Expert, Make Other Changes in 737 MAX Settlement. Wall Street Journal. November 5, 2021.
  11. Web site: DeMarco v. Christiana Care Health Services, Inc. . 2023-07-25 . Justia Law . en.
  12. Web site: The News Journal . 2023-07-25 . www.delawareonline.com.
  13. Web site: Cherry . Amy . 2021-09-20 . Lawsuit seeks to force ChristianaCare to administer ivermectin to man dying of COVID . 2023-07-25 . WDEL 101.7FM . en.
  14. Web site: Del. Hospital Can't Be Forced To Give Ivermectin For COVID-19 - Law360 . 2023-07-25 . www.law360.com . en.
  15. Web site: 2021-09-24 . Judge won't order hospital to give ivermectin to patient . 2023-07-25 . AP News . en.
  16. Web site: 2021-09-24 . Judge won't force Delaware hospital to give ivermectin to COVID-19 patient . 2023-07-25 . Associated Press . en-US.
  17. Web site: Cherry . Amy . 2021-09-23 . ChristianaCare won't be forced to administer ivermectin to critically ill COVID patient, judge says . 2023-07-25 . WDEL 101.7FM . en.
  18. Web site: DeMarco v. Christiana Care Health Services, Inc., 263 A. 3d 423 - Del: Court of Chancery 2021 - Google Scholar . 2023-07-25 . scholar.google.com.
  19. Web site: AMC Entertainment's $100 mln settlement snafu is cautionary tale: Judges want their say. Reuters. Frankel. Alison.
  20. Web site: Analysis: AMC sets unusual shareholder vote for meme stock sale approval. Sen. Anirban. Reuters.
  21. Web site: Judge denies AMC settlement on stock conversion, shares surge. CNBC. en. July 23, 2023.
  22. Web site: AMC Entertainment gets approval for revised investor settlement, preferred stock soars. CNBC. en. August 15, 2023.