The World Gets Even Flatter: Fourth Circuit Applies English Law and Enforces English Forum Selection Clause

The Fourth Circuit ruled today in Albemarle Corp. v. AstraZeneca UK Ltd. that it was required to interpret the forum selection clause negotiated by the parties under English law, which meant that the clause would be read as requiring litigation to be brought in an English court, even though the clause...

North Carolina Court Of Appeals: Bright Stars and Letters of Credit

The Court of Appeals on Tuesday of last week, in Speedway Motorsports Int'l Ltd. v. Bronwen Energy Trading, Ltd., [ lexis.com subscribers may access the enhanced version of this opinion ] unwound a year old decision by the Business Court . In that decision, Judge Diaz had ruled that a Defendant...

Delaware Court of Chancery Refuses to "Keep Delaware Case Open" Pending Application for Attorneys' Fees in Related Texas Class Action

In Re Dynegy Inc. Shareholders Litigation, C. A. No. 5739-VCS (Del. Ch. Mar, 16, 2011), read letter ruling here. This three-page letter decision is short on length but long on potential significance. It should be read as a postscript to the report of the Special Counsel in Scully v. Nighthawk that...

A Forum Selection Clause Must Be "Mandatory" To Be Enforceable

Everybody loves a penguin, or at least I think that is so. But Penguin Toilets, the Defendant in Roth v. Penguin Toilets, LLC , 2011 NCBC 45, can't be loving the result it got on its Motion to Dismiss, which was denied in the Business Court by Judge Murphy on Wednesday. The Motion to Dismiss...

Delaware Court of Chancery Upholds Bylaws with Forum Selection Clause

Boilermakers Local 154 Retirement Fund v. Chevron Corporation , C.A. No. 7220-CS (Del. Ch. June 25, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Issue Addressed : Enforceability of bylaws adopted by the Board of Directors providing that litigation relating...

Chancery Addresses Enforceability of Forum Selection Clause in Anti-Suit Injunction

BE & K Engineering Company LLC v. Rocktenn CP, LLC , C.A. No 8837-VCL (Del. Ch. Jan 15, 2014) [ an enhanced version of this opinion is available to lexis.com subscribers ] This useful Court of Chancery opinion addresses the familiar issue of competing forum selection clauses in related agreements...

Chevron Seeks to Certify Question

So, you'll remember the Boilermakers case in which the validity of Chevron and FedEx's forum provision bylaws were challenged in the Delaware Chancery Court. In that case, Chancellor Strine was asked to rule on the facial validity of the forum selection provisions in the bylaws of both Chevron...