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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
Morris James Blogs
Superior Court Limits Savings Clause
Delaware has a savings statute that generally prevents the statute of limitations from expiring when a case is dismissed for technical reasons and then refiled in the right court. But, as this decision points out, the savings statute has a much narrower scope than some might believe. Thus, when as here, a case is filed in a jurisdiction other than that chosen by the parties in their contract and then dismissed for having violated the forum selection clause, the savings statute does not apply.