Recent Posts

Removal, Rather Than Procedural Gamesmanship, Is How to Secure Federal Forum
Posted on 31 May 2013 by Lee Berlik

The Fourth Circuit clarified last week that after a case is filed in state court, a defendant desiring a federal forum should seek removal rather than file a separate declaratory judgment action in its federal district court of choice. In VRCompliance... Read More

Forum Shopping Case Closes with a Whimper
Posted on 14 Apr 2011 by Francis G.X. Pileggi

Scully v. Nighthawk is a recent Delaware Court of Chancery case involving multi-state class action litigation, highlighted on these pages here, in which the issue was raised about forum shopping and settlements of suits in multi-state corporate cases... Read More

Special Counsel Addresses Delaware Law on "Forum Shopping" and Collusive Settlements in Class Actions
Posted on 14 Mar 2011 by Francis G.X. Pileggi

Scully v. Nighthawk Radiology Holdings, Inc., C.A. No. 5890-VCL (Mar. 11, 2011)(Report of Special Counsel). This Report concluded that there was neither forum shopping nor collusive behavior in the settlement of a class action related to the $170... 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