KSF News, Updates, & Insights

KSF Defeats Motion to Dismiss in Via Renewables, Inc. Merger Litigation

On August 12, 2026, Chancellor Kathleen McCormick of the Delaware Chancery Court denied Defendants’ motions to dismiss the shareholder class action challenging the acquisition of Via Renewables, Inc. (“Via”) by its founder and controller, William K. Maxwell III (“Maxwell”). The Amended Complaint alleges that Maxwell, Via’s Board of Directors (the “Special Committee Defendants”), and Via’s Chief Financial Officer, Miguel Barajas (“Barajas”), breached their fiduciary duties in their capacities as directors and/or officers of the Company. Maxwell, the Special Committee Defendants, and Barajas each filed motions to dismiss; following briefing and oral argument, the Court took the matter under advisement and, on August 12, issued an order denying the motions in their entirety.

KSF serves as sole lead counsel to the lead plaintiff in the action. A team of KSF lawyers, including partners Michael Palestina and Chris Quinn, and lawyers Brian Mears, Gina Palermo, and Rhosean Scott investigated and drafted the Amended Complaint and opposed Defendants’ Motion to Dismiss. Partner Michael Palestina argued the motion before Chancellor McCormick in May 2026.