Ten years ago, I questioned in this space whether a Delaware forum selection charter provision would survive constitutional scrutiny if it involved a de facto waiver of a jury trial:
Don't Say You Weren't Warned! Court Of Appeal Declines To Enforce Delaware Forum Selection Clause In Delaware Corporation's Certificate Of Incorporation
Posted on September 22, 2023
Is The Court of Chancery Sending Cases To California?
Posted on September 04, 2019
In Sciabacucchi v. Salzberg, 2018 Del. Ch. LEXIS 578, Vice Chancellor J. Travis Laster ruled that a Delaware corporation’s certificate of incorporation and bylaws cannot restrict the forum in which stockholders may bring a federal claim. The...
Dismissal Based On Forum Non Conveniens Does Not Trigger Fee Shifting
Posted on April 07, 2017
California generally follows the "American Rule" with respect to attorney's fees. Trope v. Katz, 11 Cal.4th 274, 278 (1995). Under the American Rule, each party to a lawsuit must ordinarily pay his own attorney's fees. A contract may provide,...
