In Maloney-Refaie v. Bridge at School, Inc., 2008 WL 2679792 (Del. Ch., July 9, 2008), read opinion here, among the issues addressed by the Chancery Court was whether formal service of a complaint needs to be effected (again) when a case that was originally filed and pending in Delaware Superior Court (our state’s trial court of general jurisdiction) is transferred to Chancery Court. The answer is: NO.
This case included a claim for piercing the corporate veil and the Superior Court judge recognized that form of relief to be a claim properly within the limited equitable jurisdiction of the Chancery Court, and pursuant to statute, transferred the case to Chancery Court. The opposing party filed a motion arguing, among other things, that formal service was not made upon the transfer. Section 1902 of Title 10 of the Delaware Code allows for such transfers and does not require that one perform (again) formal service of the complaint as if the case were being originally filed from the start.
Other issues such as personal jurisdiction over parties in Delaware, and arbitrability (under Maryland law) are also addressed, but the most noteworthy aspect of the case for blog purposes is the one I first mentioned.