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  • Writer's pictureKirk Hartley

Delaware vis a vis the Litigation Industry, and Judges Do Talk to Each Other

Interesting insights into the litigation industry arise from an April 19, 2015 post at the Delaware Corporate and Commercial Litigation Blog.  The post highlights how Delaware strives to generate more businesses for its lawyers and courts.  On that point, note especially the following quote from the post:

  1. “This decision may have relevance to the pending legislation in Delaware described on these pages, that would require forum selection clauses that are included in bylaws to provide for the selection of Delaware courts in addition to any other state. In other words, when a forum selection clause is included in a bylaw to cover intra-corporate disputes, any state in the country can be selected as the forum–as long as Delaware is also included as one of those two fora. Stated another way, if the legislation is passed, when forum selection clauses are included in bylaws for stockholder disputes, Delaware must be either (i) the exclusive forum; or (ii) if another forum is selected, Delaware must be included as an additional forum.”

Note also the blog post comment about conversations between judges:

  1. “Also notable is footnote 29 of the opinion which described a conversation that the author of this Chancery opinion had with the federal judge overseeing the related first-filed case in the U.S. District Court for the Eastern District of Pennsylvania, in which both jurists invited cooperation to the extent that there may be some overlap between the two cases.”

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