A recent Delaware Court of Chancery decision recited the standards applied in Delaware to determine when to stay a case or allow it to proceed when similar litigation between the same parties is proceeding in another state. In AG Resources Holdings, LLC v. Terral, C.A. No. 2020-0850-JRS (Del. Ch. Feb. 10, 2021), the court
McWane
Moving records action to New York would not be more efficient for plaintiff, Chancery says
By Francis Pileggi on
Posted in Chancery Court Updates
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years.
Rallye Motors Holding, LLC cannot use Delaware’s McWanedoctrine to force its ex-CEO to move his books-and-records action to New York, where a fellow member and ex-employee of that…
Chancery Defers to First-Filed New York Complaint
By Francis Pileggi on
Posted in Chancery Court Updates
Mich II Holdings LLC v. Schron, C.A. No. 6840-VCP (Del. Ch. June 29, 2012).
This is a rather unremarkable but still notable decision applying the familiar first-filed rule under the McWane line of cases, which served as the basis to grant a motion to stay this case in favor of a first-filed New York…
Chancery Defers to First-Filed Federal Complaint on Patent Issues
By Francis Pileggi on
Posted in Chancery Court Updates
Huawei Technologies Co. Ltd., v. Interdigital Technology Corporation, C.A. No. 6974-CS (Del. Ch. June 11, 2012)(Transcript ruling).
Issues Presented: (1) whether a motion to expedite should be granted, and (2) whether a motion to dismiss or stay should be granted based on the McWane first-filed doctrine.
Short Answer: Motion to expedite was…