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Delaware District Court Finds That Controlling Stockholder Claim Falls Outside Of Forum Selection Bylaw

Posted In Choice of Law

Anderson v. GTCR, LLC, C.A. No. 16-10-LPS (D. Del. Sept. 29, 2016)

Forum selection bylaws are a powerful tool for companies to avoid the burdens of multi-forum litigation.  But those bylaws only cover the claims falling within their terms.  Where, as here, the bylaw only covers fiduciary duty claims against officers and directors, the bylaw will not be enforced for a fiduciary duty claim against a controlling stockholder.