Delaware Business Litigation Report

Delaware Superior Court Instructs How To Raise Choice Of Law

Anguilla Re LLC v. Lubert-Adler Real Estate Fund IV LP,  Del. Super., C.A. N11C-10-061-MMJ-CCLD (March 28, 2012)

When must a litigant raise any issue over the choice of the law that governs a dispute?  Right away is the answer.  As this decision correctly holds, if the parties brief their issue under Delaware law, trying to argue later that some other jurisdiction's law applies is too late.

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