On July 26, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Schorsch v. Luxor Capital Partners, LP, 2021 NY Slip Op. 50698(U), holding that bringing suit on a claim that was settled was a breach of the settlement agreement, explaining:
Although the Delaware court had no need to reach the issue of whether the claims were barred by the Release, based in part on the specific findings of the Delaware court, it is now clear that the bringing of the Delaware lawsuit states a claim for breach of the Release.
(Internal quotations and citations omitted).