Francis G.X. Pileggi (LexBlog Germany)
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Chancery Denies Motion to Dismiss Suit against Delaware Subsidiary of German Bank Despite First Filed Suit in Germany
QVT Fund LP v. Eurohypo Capital Funding LLC, C.A. No. 5881-VCP (Del. Ch. July 8, 2011), read opinion here. Issues Addressed: Whether a first-filed lawsuit in German courts would be a sufficient basis to dismiss a Delaware proceeding under either the first-filed rule or forum non conveniens principles in light of key witnesses being located in Germany and...
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Chancery Imposes Conditions on Stay in Favor of Pending Foreign Actions
Diedenhofen-Lennartz v. Diedenhofen, 2007 WL 2296828 (Del. Ch., Aug. 8, 2007), read opinion here. This case involves a Motion to Dismiss in favor of earlier-filed actions already pending in the courts of Germany, Canada and California, based on the familiar McWane doctrine. [McWane Cast Iron Pipe Corp. v. McDowell-Wellman Engineering Co., 263 A.2d 281 (Del....