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Fortis Advisors LLC v. Johnson & Johnson et al., C.A. No. 2020-0881-LWW (Del. Ch. 2024)
Ross Aronstam & Moritz, together with Selendy Gay, successfully secured a post-trial award of more than $1 billion on behalf of the former stockholders of Auris Health, Inc. (represented by Fortis Advisors) in their dispute with Johnson & Johnson over J&J's post-acquisition treatment of Auris's innovative products. After a ten-day trial in January and four-plus years of protracted litigation, the Court of Chancery concluded in a 145-page post-trial opinion that J&J breached the parties’ underlying merger agreement and separately committed fraud. The more than $1 billion in damages is the largest ever awarded in a Delaware earnout case and, more generally, among the top damages awards in Delaware history. A link to the Court of Chancery’s post-trial opinion is below.
