Posted on February 4, 2008 by Francis G.X. Pileggi

First-Filed Rule Supports Stay of Delaware Case in Favor of Pending Texas Case

In Citrin Holdings LLC v. Cullen 130, LLC, 2008 WL 241615 (Del. Ch., Jan. 17, 2008), read opinion here, the Chancery Court followed the familiar McWane line of cases and granted a Motion to Stay this Delaware case in favor a first-filed Texas case. This  decision recognizes the plaintiff's right, in general, to litigate in the proper forum of its choice. See footnote 6 of this letter decision for a citation to McWane and related cases. But compare the very recent, and very rare, Chancery decision  summarized on this blog here, where an exception to the first-filed rule was made under the peculiar circumstances of that case.

Tags:
Trackbacks (1) Links to blogs that reference this article Trackback URL
http://www.delawarelitigation.com/admin/trackback/58920
Delaware Corporate and Commercial Litigation Blog - February 23, 2008 10:35 PM
In Eurocapital Advisors LLC v. Colburn, 2008 WL 401352 (Del. Ch., Feb. 14, 2008), read opinion here, the Chancery Court decided whether Delaware was the appropriate forum for members of an LLC who also had a case pending against each...
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.