Motion to Stay in Favor of First Filed Case

Posted on November 8, 2005 by Francis Pileggi

In Davis International LLC v. New Start Corp Group, et al., download pdf file, the Chancery Court stayed the matter pending before it, in favor of a first-filed companion case pending in the U.S. District Court for the District of Delaware involving substantially similar issues. The court discussed at length its reasoning based on the seminal Delaware case of McWane Cast Iron Pipe Corp. v. McDowell-Wellman Engineering Co., and its progeny.