Recent Posts

A Forum Selection Clause Must Be "Mandatory" To Be Enforceable
Posted on 5 Dec 2011 by Mack Sperling

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... Read More

Delaware Court of Chancery Upholds Bylaws with Forum Selection Clause
Posted on 26 Jun 2013 by Francis G.X. Pileggi

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 subscribers ]. Issue Addressed : Enforceability of bylaws adopted by the Board... Read More

Chevron Seeks to Certify Question
Posted on 4 Feb 2014 by Brian JM Quinn

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... Read More

Delaware Court of Chancery Applies Non-Exclusive Forum Selection Clause; Denies Motion to Dismiss
Posted on 23 Apr 2015 by Francis G.X. Pileggi

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 subscribers ]: • In light... Read More

Chancery Addresses Enforceability of Forum Selection Clause in Anti-Suit Injunction
Posted on 22 Jan 2014 by Francis G.X. Pileggi

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 subscribers ] This useful Court of Chancery opinion addresses the familiar issue of competing... Read More

Delaware Court of Chancery Refuses to "Keep Delaware Case Open" Pending Application for Attorneys' Fees in Related Texas Class Action
Posted on 18 Mar 2011 by Francis G.X. Pileggi

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... Read More

The World Gets Even Flatter: Fourth Circuit Applies English Law and Enforces English Forum Selection Clause
Posted on 15 Dec 2010 by Mack Sperling

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... Read More

North Carolina Court Of Appeals: Bright Stars and Letters of Credit
Posted on 24 Feb 2011 by Mack Sperling

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