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...
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...
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...
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...
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
Issue Addressed :
Enforceability of bylaws adopted by the Board of Directors providing that
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...
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...
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...