Fortis Advisors LLC v. Johnson & Johnson et al., C.A. No. 2020-0881-LWW (Del. Ch. 2024)

Ross Aronstam & Moritz, together with Selendy Gay PLLC, successfully secured more than $811 million in damages 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 2024 and four-plus years of protracted litigation, the Delaware Court of Chancery concluded in its 145-page post-trial opinion that J&J breached the parties’ underlying merger agreement and separately committed fraud.  As a result, the Court of Chancery awarded the largest earnout-related damages award in the history of Delaware.  That victory was successfully defended on appeal in the Delaware Supreme Court in January 2026, with approximately $811 million in damages secured on behalf of Auris’s former stockholders.

Read the Court of Chancery's post-trial opinion here. 

Read the Supreme Court's opinion here.

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