Box v. Box

In this case we decide that a first-filed statutory summary proceeding in the Delaware Court of Chancery to determine the validity of the election of directors should proceed expeditiously. We reach this determination notwithstanding the pendency of a second-filed suit in a Texas state court where the Texas action encompasses the same subject matter as the Delaware action, but is broader in scope, and the Texas action is actively proceeding toward an early trial. Under the circumstances of this case, we affirm the exercise of the Court of Chancery’s discretion in refusing to enjoin the…