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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.

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Showing one post in McWane/First-filed Actions.

Chancery Declines to Dismiss Second-Filed Delaware Action Because Delaware Forum Selection Clause Preempts McWane

Posted In McWane/First-filed Actions, Stay

PPL Corp. v. Riverstone Holdings LLC, C.A. No. 2018-0868-JRS (Del. Ch. Oct. 23, 2019).

Defendants brought an action in Montana state court against plaintiffs.  Plaintiffs later filed this action in the Delaware Court of Chancery, alleging several claims that shared a common nucleus of operative facts with those asserted in Montana.  Defendants moved to dismiss or stay the Delaware action under the McWane doctrine, which generally gives deference to a first-filed action in another jurisdiction and authorizes a dismissal or stay of a second-filed Delaware action.  More ›