Professor Steven Davidoff provides scholarly commentary here on a lecture that Professor Joseph Grundfest recently presented to the Delaware Bench and Bar, as described here, that provides corporations a method to choose Delaware as the forum for intracorporate disputes. Several major corporations have recently included enabling provisions in their organizational documents in connection with what appears to be an
forum selection clause
Delaware Chancery Court Requires Party to Submit to Terms of Forum Selection Clause Despite that Party Being a Non-Signatory; Based on Equitable Estoppel
By Francis Pileggi on
Posted in Court of Chancery Updates
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 that a party was…
Chancery Court Upholds Forum Selection and Choice of Law Clauses; Rejects Promissory Estoppel Claim; and Finds Absence of Essential Elements of Contract
By Francis Pileggi on
Posted in Court of Chancery Updates
In Greetham v. Sogima L-A Manager, LLC, et al., 2008 Del. Ch. LEXIS (Nov. 3, 2008), read opinion here, the Delaware Chancery Court addressed three legal issues that are of substantial practical importance in many corporate and commercial litigation cases, and the court’s rulings are also useful tools for the toolbox of those who labor…