Legal Opinion
Aveta, Inc. v. Colon
Court of Chancery of Delaware
Decided January 15, 2008No. Civil Action 2936-MGPublishedCited by 23 opinions
1Opinion of the Court
OPINION
CHANDLER, Chancellor.
Delaware’s courts frequently repeat the adage that only in rare cases can a defendant successfully defeat a plaintiff’s choice of forum. 1 It is even rarer that a defendant can defeat a plaintiff’s choice of forum that is mandated by a contractual forum selection clause. Because defendant here has made a sufficiently particularized showing of overwhelming hardship, I conclude that this is one of those especially rare cases and affirm the Master’s decision to stay this matter.
I. BACKGROUND
In August 2006, Aveta, Inc., a Delaware corporation and provider of Medicare…
2Cases cited18 opinions
- Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Pelleport Investors, Inc. v. Budco Quality Theatres, Inc.Court of Appeals for the Ninth Circuit · 1984
- McWane Cast Iron Pipe Corp. v. McDowell-Wellman Engineering Co.Supreme Court of Delaware · 1970
- Ryan v. GiffordCourt of Chancery of Delaware · 2007
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re Citigroup Inc. Shareholder Derivative LitigationCourt of Chancery of Delaware · 2009
- Huffington v. T.C. Group, LLCCourt of Appeals for the First Circuit · 2011
- Boilermakers Local 154 Retirement Fund v. Chevron Corp.Court of Chancery of Delaware · 2013
- Hamilton Partners, L.P. v. EnglardCourt of Chancery of Delaware · 2010
- Ingres Corp. v. CA, INC.Supreme Court of Delaware · 2010
18 more not listed; retrieve them via the Exa API.