Morgan Zurn

In September 2021, Vice Chancellor 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, Vice Chancellor 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, Vice Chancellor 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.[21] 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]