In AlixPartners, LLP et al. v. Giacomo Mori, Case No. 2019-0392-KSJM (Del. Ch. Nov. 26, 2019), the Delaware Court of Chancery addressed Defendant Giacomo Mori’s motion to dismiss for (1) lack of subject matter jurisdiction and standing, (2) lack of personal jurisdiction, (3) improper venue, and (4) failure to state a claim. Defendant primarily contended that two foreign laws divested the Court of subject matter jurisdiction and that the forum selection clauses contained in particular agreements to which he was a party were unenforceable. The Court rejected Defendant’s contentions finding that the claims against Defendant were transitory in nature and did not divest the Court of subject matter jurisdiction, the forum selection clauses were sufficient to establish personal jurisdiction over Defendant, and that Plaintiffs’ compliant adequately stated numerous claims. In denying Defendant’s motion to dismiss, however, the Court stayed certain counts against Defendant which arose solely from his employment agreement with one of the Plaintiffs on the basis of the doctrine of forum non conveniens.Read More
In Acela Investments LLC v. Raymond DiFalco, Case No. 2018-0558-AGB (Del. Ch. June 28, 2019), the Delaware Court of Chancery addressed an application for certification of an interlocutory appeal of the Court’s decision in the underlying case (the “Memorandum Opinion”) and a motion for stay pending appeal.Read More
In Bennett J. Glazer, et al. v. Alliance Beverage Distributing Co., LLC, Civil Action No. 12647-VCMR (Del. Ch. Ct. March 2, 2017), the Delaware Court of Chancery granted the defendant’s motion to stay, holding that the Court lacks subject matter jurisdiction to decide the question of substantive arbitrability when the disputing parties are bound by an LLC agreement containing a broad arbitration clause.