Superior Court Limits Savings Clause
Posted In Business Torts
Huffington v. T.C. Group LLC, C.A. N11C-01-030-JRJ-CCLD (April 18, 2012)
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.
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