Morgan T. Zurn
How Judge Zurn rules, drawn from 17 signed orders. Every observation links to the order it came from.
Judge Zurn no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Zurn
Morgan T. Zurn served as a Vice Chancellor of the Delaware Court of Chancery from 2018 until 2026, following earlier service as a Magistrate in Chancery. She joined the Delaware Supreme Court in July 2026. She earned her law degree and a master's degree in bioethics from the University of Pennsylvania.
How Judge Zurn decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Wells’s trust dispute, Zurn denied the trustee’s dismissal motion after concluding Wells had pleaded that he did not learn of an earlier settlement offer until 2019.
“For purposes of this motion, I conclude Wells has pled he had no notice of the Settlement Offer until 2019. Wells has met his burden under the discovery rule, and his claims are timely.”
In Brown v. Rite Aid, Zurn granted Brown partial summary judgment on mandatory indemnification, rejecting Rite Aid's argument that the way he prevailed in the earlier suit defeated his claim under Section 145(c).
“Rite Aid’s arguments conflict with the language of Section 145(c) and precedent. The ‘on the merits or otherwise’ language of Section 145(c) means an indemnitee is ‘indemnified as a matter of right’ even ‘if he or she successfully asserts a “technical” defense, such as a defense based upon a statute of limitations.’53”
On exceptions in a family trust dispute, Zurn held William met his disclosure duties under the power of attorney because he gave Barbara real-time access to his income and expenses.
“William did not breach his disclosure obligations under the POA.”
Procedural preferences
In Hillblom v. Wilmington Trust, she denied Wells's motion to amend without prejudice because he moved after answering the dismissal motion but before that motion was decided, outside the timing allowed by Chancery Rule 15.
“Court of Chancery Rule 15 does not permit a plaintiff to amend his complaint after he filed his answering brief but before the motion to dismiss is decided.”
In Thompson v. Barrow, she reviewed exceptions to a magistrate's report and expanded the record on a license-plate issue because it had first arisen at trial, leaving good cause to receive additional evidence.
“I believe there is good cause to expand the record here. Barbara's counsel brought up the license plate for the first time at trial.”
In Kokorich v. Momentus, she found no clear and unmistakable agreement to arbitrate arbitrability and held that the parties had not agreed to arbitrate the former executive's claims.
“After concluding that there is no clear and unmistakable intent to submit the dispute over arbitrability to an arbitrator, I find the parties did not intend to arbitrate Kokorich's claims.”
In the AMC stockholder litigation, she initially rejected a settlement because its release was too broad, then approved a revised settlement after the parties narrowed the release.
“The first was issued on July 21, 2023, and declined to approve the settlement because the release was unsound.”
Cautions
In DeMarco v. Christiana Care, she denied an emergency mandatory injunction compelling a hospital to administer ivermectin because the plaintiff had not shown a legal right to that particular treatment.
“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.”
In the AMC stockholder litigation, she denied an objector's recusal motion because disagreement with her rulings did not establish a basis for disqualification.
“Holland's points may be grounds for appeal, but they are not grounds for recusal.”
In the Boeing derivative litigation, she allowed stockholders to pursue an oversight claim based on the board's alleged failure to establish an airplane-safety monitoring system, while dismissing a separate challenge to the former CEO's compensation.
“The stockholders may pursue the Company's oversight claim against the board.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Barbara's exceptions on the VCM beneficiary designation are DISMISSED.”
“William's exceptions on the van, gas, food and beer, and the disclosure obligations are SUSTAINED. The record is EXPANDED on William's exceptions on the license plate.”
“Exabeam's motion to dismiss is granted.”
“Barkan's motion to intervene and stay the Plenary Action is DENIED.”
“What remains of this matter is hereby dismissed subject to transfer under 10 Del. C. § 1902.”
“Her motion is untimely and is denied on that basis.”
“The Class Representative Motion is denied.”
“The Recusal Motion is denied.”
“I certify the class as a non-opt-out class under Rules 23(a), 23(b)(1), and 23(b)(2). ... I conclude the settlement is reasonable.”
“I award plaintiffs' counsel fees worth 12% of the settlement consideration.”
“Momentus's motion to dismiss under Rule 12(b)(1) is DENIED.”
“Its motion under Rule 12(b)(6) is GRANTED.”
“Defendant's Motion for Summary Judgment is DENIED.”
“Plaintiff's Motion for Summary Judgment is GRANTED IN PART, and DENIED IN PART as to the amount of fees.”
“Wells's motion to amend is DENIED WITHOUT PREJUDICE.”
“Wilmington Trust's motion to dismiss is DENIED.”
“Plaintiff's request for a mandatory preliminary injunction must be DENIED. My decision is animated both by Plaintiff's failure to show she is entitled to the relief she seeks at this procedural stage, and by her more fundamental failure to identify any established right that would serve as a basis for that relief.”
“The stockholders may pursue the Company's oversight claim against the board.”
“The Motion is therefore granted as to Plaintiffs' Muilenburg compensation claims.”
“The Motion Is Granted As To Count II's Claim Against The Officer Defendants.”
“The Motion is GRANTED and the Complaint is DISMISSED.”
“Petitioner has failed to establish a basis to support the extreme remedy of dissolution.”
“The Status Quo Order is hereby VACATED.”
A historical record
Judge Zurn no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.