Chancery: UCC Filing Serves as Partial Basis to Impose Personal Jurisdiction

Lake Treasure Holdings, LLC v. Foundry Hill GP, LLC, C.A. No. 6546-VCL (Del. Ch. Nov. 21, 2013) This Chancery decision determined that the filing of a UCC statement may serve to satisfy two elements of the 5-part test to establish … Continue reading

Delaware Holding Company Recognized for Jurisdictional Purposes

Johnson v. Smithkline Beecham Corp., 2013 U.S. App. LEXIS 11501 (3d Cir. June 7, 2013). Issue Addressed: For purposes of diversity jurisdiction, should a holding company’s citizenship be defined by the activities of its limited liability company (LLC) subsidiary given that … Continue reading

Supreme Court Upholds Forum Selection Clause Against Kuwaiti Company

National Industries Group (Holding) v. Carlyle  Investment Management LLC, Del. Supr., No. 596, 2012 (May, 29, 2013). Issues Addressed: Enforceability of a forum selection clause, and the prerequisites to vacate a judgment under Court of Chancery Rule 60(b)(6). Brief Background … Continue reading

Personal Jurisdiction over Foreign Defendants Examined

Boulden v. Albiorix, Inc., C.A. No. 7051-VCN (Del. Ch. Jan. 31, 2013, revised Feb. 7, 2013). Issue Addressed This case addressed whether personal jurisdiction was appropriate by a court in Delaware on the various foreign residents involved. Short Overview The … Continue reading

Supreme Court Imposes Jurisdiction on Foreign Party Based on Civil Conspiracy Claim

In Matthew v. Flakt Woods Group SA, Del. Supr., No. 150, 2012 (Nov. 20, 2012), the Delaware Supreme Court ruled that Delaware courts could impose jurisdiction on a foreign party involved in this case, based on the “conspiracy theory of jurisdiction”. … Continue reading

No Delaware Jurisdiction Over Manager of Delaware LLP

New Media Holding Co., LLC v. Brown, C.A. No. 7516-CS (Del. Ch. Nov. 14, 2012). Issue addressed: Does Delaware have jurisdiction over the manager of a limited liability partnership (LLP) accused of breach of fiduciary duty claims, based on acts taken in … Continue reading

Chancery Dismisses Claim against Member of L.P. for Lack of Personal Jurisdiction

Picard v. Wood, C.A. No. 6526-VCG (Del. Ch. July 12, 2012). Issue Presented Whether a member of a limited partnership is subject to personal jurisdiction in Delaware based on that status alone. Short Answer: No. Brief Overview This short letter … Continue reading

Delaware’s Implied Consent Statute is Challenged

Many readers of this blog know that officers and directors of Delaware corporations as well as managers of LLCs, and those who play similar roles in other alternative entities, are subject to personal jurisdiction in Delaware courts based on what … Continue reading

Chancery Stays First-Filed Delaware Action Sua Sponte

RWI Acquisition LLC v. Todd, C.A. No. 6902-VCP (Del. Ch. May 30, 2012). Issues Addressed (1) Whether the Court of Chancery had personal jurisdiction over the member of a Delaware LLC; and (2) Whether the Court could or should stay the … Continue reading

Supplemental Deposition Discovery In Foreign Countries In Aid Of Jurisdiction Permitted

In Reid v. Siniscalchi, C.A. No. 2874-VCN (May 25, 2012), the Court addressed a request for additional deposition discovery requested by the plaintiff to prove that the Court had jurisdiction over the defendants. Issue Addressed: Whether the court had personal … Continue reading