Litigation

First-Filed Rule Supports Stay of Delaware Case in Favor of Pending Texas Case

By Francis G. X. Pileggi, Esq.

In Citrin Holdings LLC v. Cullen 130, LLC, 2008 WL 241615 (Del. Ch., Jan. 17, 2008), read opinion here, the Chancery Court followed the familiar McWane line of cases and granted a Motion to Stay this Delaware case in favor a first-filed Texas case. This  decision recognizes the plaintiff's right, in general, to litigate in the proper forum of its choice. See footnote 6 of this letter decision for a citation to McWane and related cases. But compare the very recent, and very rare, Chancery decision  summarized on this blog here, where an exception to the first-filed rule was made under the peculiar circumstances of that case.

Full post as published by Delaware Corporate and Commercial Litigation Blog on February 04, 2008 (boomark / email).