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Chancery Dismisses Duplicative Delaware Suit in Favor of First-Filed California Case

In Re Diamond Foods, Inc . Derivative Litigation , C.A. No. 7657-CS (Del. Ch. Feb. 28, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Issue Addressed : Whether a derivative suit filed in Delaware should be dismissed in favor of a similar first-filed action...

Delaware Court of Chancery Addresses Equitable Jurisdiction and First-Filed Rule

Willis v. PCA Pain Center of Virginia, Inc. , C.A. No. 9006-VCN (Del. Ch. October 20, 2014) [ an enhanced version of this opinion is available to lexis.com subscribers ]. This Chancery decision is noted for its usefulness in the toolbox of those who practice corporate and commercial litigation in...

Divided Delaware Supreme Court Upholds First-Filed Rule

The Delaware Supreme Court provided this week the latest iteration of Delaware law on the first-filed rule and whether a particular issue is covered by an arbitration clause. Over a vigorous dissent, Delaware’s high court affirmed a decision of the Delaware Court of Chancery that applied the first...

Delaware Court of Chancery Applies Non-Exclusive Forum Selection Clause; Denies Motion to Dismiss

Utilipath, LLC v. Baxter McLindon Hayes, Jr. , C.A. No. 9922-VCP (Del. Ch., Apr. 14, 2105), is a short Chancery opinion notable for a few short reasons [ an enhanced version of this opinion is available to lexis.com subscribers ]: • In light of a non-exclusive forum selection clause pursuant...