A recent Court of Chancery decision is almost as noteworthy for what it decided as for what was not decided. In JUUL Labs, Inc. v. Grove, C.A. No. 2020-0005-JTL (Del. Ch. Aug. 13, 2020), Delaware’s court of equity enforced an exclusive forum selection clause in a company charter, based at least in part on the
Chancery Upholds Bylaws with Forum Selection Clause
Boilermakers Local 154 Retirement Fund v. Chevron Corporation, C.A. No. 7220-CS (Del. Ch. June 25, 2013). 
Issue Addressed: Enforceability of bylaws adopted by the Board of Directors providing that litigation relating to the internal affairs of the corporation must be filed only in Delaware.
Short Answer: Enforceability upheld. See, e.g., 8
Supreme Court Reverses Chancery on Collateral Estoppel/Demand Futility and Section 220 Issues
Pyott v. Louisiana Municipal Police Employees’ Retirement System, No. 380, 2012 (Del. Supr., April 4, 2013)
Issues Addressed: (1) Whether or not a prior ruling by a California court dismissing a derivative suit served as a bar to subsequent Delaware derivative suits; and (2) Whether the failure to use Section 220 before filing suit
Chancery Applies First-Filed Rule to Stay Case
Baden-Wurttenberg v. Walton Seattle Mezz Holdings VI-B, LLC, C.A. No. 7933-VCG (Del. Ch. April 1, 2013).
This decision applies the familiar first-filed rule, and on that basis stayed this action in favor of a prior-filed lawsuit in the state of Washington
Very Short Overview
This case involves the growing phenomenon in corporate litigation of
Tulane Corporate Law Seminar
This is the 25th year that the Tulane Corporate Law Institute has presented a seminar in New Orleans that attracts corporate litigators and M & A lawyers from around the country to discuss the latest developments in corporate law. Members of Delaware’s Supreme Court and Court of Chancery by far represent the largest number of
Vice Chancellor Publishes Article on Shareholder Litigation in Chancery
Vice Chancellor Donald F. Parsons of the Delaware Court of Chancery has penned a law review article with a former law clerk on the topic of shareholder litigation and how the burgeoning cases in this area have led to refinements in how shareholder representative suits in Chancery are handled. The article is entitled: Docket Dividends:
Chancery Dismisses Duplicative Delaware Suit in Favor of First-Filed California Case
In Re Diamond Foods, Inc. Derivative Litigation, C.A. No. 7657-CS (Del. Ch. Feb. 28, 2013).
Issue Addressed: Whether a derivative suit filed in Delaware should be dismissed in favor of a similar first-filed action in California. Short Answer: Yes.
Short Overview of Case
The factual background involves alleged manipulation of the
Chancery Bars Claims Based on “Issue Preclusion” Doctrine
TR Investors, LLC v. Genger, C.A. No. 6697-CS (Del. Ch. Feb. 18, 2013).
Issue addressed: Whether the doctrine of “issue preclusion” prevented the relitigation of issues previously decided, and thus supported the grant of a motion for summary judgment. Short answer: Yes.
Short Overview
This 58-page opinion chronicles the long and tortuous
New Articles of Interest to Delaware Corporate Lawyers and Litigators
Two law review articles of interest to Delaware corporate lawyers and litigators arrived in the U.S. mail today and are linked below. Both articles are authored by luminaries familiar to all who follow developments in corporate law:
- The Delaware Journal of Corporate Law, Vol. 37, No. 2, features an article by Stanford Law Professor Joseph
Chancery Applies Familiar First-Filed Rule to Impose Stay
Brookstone Partners Acquisition XVI, LLC v. Tanus, C.A. No. 7533-VCN (Del. Ch. Nov. 20, 2012).
Issue Presented: The Court in this case applied the familiar first filed rule as a basis to grant a motion to stay in favor of previously filed litigation in Texas.
Brief Overview
This somewhat unremarkable decision applies a rule familiar