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24 Oct 2021, 12:52 pm by Francis Pileggi
The first-filed rule, often referred to as the McWane doctrine, based on the Delaware Supreme Court decision in McWane Cast Iron Pipe Corp. v. [read post]
14 Feb 2021, 6:19 pm by Francis Pileggi
If, however, the Delaware action follows the filing of a similar action elsewhere, “the court applies the discretionary McWane standard that allows the court to defer more readily to the court in which related litigation was first filed”. [read post]
29 Dec 2019, 2:07 pm by Francis Pileggi
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. [read post]
12 Sep 2019, 1:02 pm
It is too early to tell, of course ("Here, the controlling question of law is whether Helms-Burton, contrary to normal principles of corporate law, gives a plaintiff a “claim” to property when the plaintiff’s relationship to that property is that he or she owned shares (or traces ownership of the claim to someone who owned shares) in a corporation that owned the property, and that corporation is a Cuban corporation. [read post]
  In this instance, Alphabet, Inc., a Delaware corporation, and the director defendants, relying on McWane and forum non conveniens, sought to stay or dismiss a second-filed Delaware stockholder derivative action in favor of a first-filed action in California raising similar breach of fiduciary duty and failure of oversight claims. [read post]
2 Apr 2018, 7:11 pm by Francis Pileggi
The post Supreme Court Addresses Forum Non Conveniens appeared first on Delaware Corporate & Commercial Litigation Blog. [read post]
19 Dec 2017, 4:00 am by eileen peck
Sherman Act charges can be civil or criminal, so they can apply to corporations, individuals or both. [read post]
19 Jan 2017, 7:27 pm by Francis Pileggi
  The post Court Grants Dismissal Based on First-Filed Rule appeared first on Delaware Corporate & Commercial Litigation Blog. [read post]
6 Dec 2016, 5:25 am by Carl Neff
A question that is often posed to Delaware corporate practitioners is whether a non-Delaware court can dissolve a Delaware entity. [read post]
19 Apr 2015, 8:11 pm by Francis Pileggi
The post Chancery Applies Non-Exclusive Forum Selection Clause; Denies Motion to Dismiss appeared first on Delaware Corporate and Commercial Litigation Blog. [read post]
20 Mar 2015, 11:56 pm by Francis Pileggi
The court applied the Cryo-Maid factors after declining to apply the first-filed McWane doctrine due to the two cases involved being filed close enough in time so that one was not regarded as being first-filed. [read post]
23 Dec 2014, 9:13 pm by Francis Pileggi
 Although the first-filed [McWane] doctrine is generally applicable to summary proceedings such as this, the court must weigh the McWane comity factors with the need for expeditious resolution of summary proceedings. [read post]
7 Jun 2013, 2:18 pm
In January 2012, the FTC Complaint accused McWane of orchestrating a complex scheme in which it worked with competitors Star Pipe Products Limited and Sigma Corporation to raise and stabilize prices. [read post]
10 Oct 2012, 9:56 am by WIMS
In the Appeals Court case Plaintiffs-Appellants Solutia, Inc. and Pharmacia Corporation (Solutia & Pharmacia) appealed the District Court's grant of summary judgment against their claims under § 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). [read post]
30 Jun 2012, 9:05 pm by Francis Pileggi
” Therefore, the Court granted the motion to stay because the New York Court was “capable of rendering prompt and potentially complete justice under McWane. [read post]
6 Jun 2012, 2:46 pm by Francis Pileggi
  Those policy reasons promoting efficiencies, and avoiding “claims splitting,” animate doctrines such as res judicata and the McWane Doctrine. [read post]
Ductile Iron Pipe Fitting Sellers Settle FTC Allegations of Unlawful Information Sharing In January 2012, the FTC challenged the conduct of McWane, Inc., Star Pipe Products, Ltd., and Sigma Corporation, all sellers of ductile iron pipe fittings (DIPF), essential components of municipal water systems. [read post]