Delaware Chancery Court Requires Party to Submit to Terms of Forum Selection Clause Despite that Party Being a Non-Signatory; Based on Equitable Estoppel

Weygandt v. Weco, LLC, Del. Ch., No. 4056-VCS (May 14, 2009), read opinion here Issue Presented The question in this case is whether a non-signatory defendant can be required to appear in a forum chosen in an agreement executed by an affiliate. In this Chancery Court decision, the court determined... Continue Reading...

Chancery Court Dismisses Suit for Breach of Non-Competition Covenant Due to Lack of Personal Jurisdiction

Mobile Diagnostic Group Holdings, LLC v. Suer, Del. Ch., No. 4298-CC (March 24, 2009), read opinion here. Kevin Brady, a highly respected Delaware litigator, provides us with the following review of this decision. Chancellor Chandler dismissed this action seeking to enforce the terms of non-competition covenants that defendant Suer allegedly... Continue Reading...

Chancery Granted Motion to Dismiss For Lack of Personal Jurisdiction

Sprint Nextel Corp. v. iPCS, Inc., 2008 WL 2737409 (Del. Ch., July 14, 2008), read opinion here. The issue addressed in this Chancery Court case (which was the subject of three prior opinions and a ten day trial on related issues), was presented on a motion to dismiss for... Continue Reading...