Mark E. Felger, left, and Kaan Ekiner, right, of Cozen O'Connor. Courtesy photos Delaware Supreme Court Addresses Forum Selection Disputes
Against a lengthy procedural backdrop, the Supreme Court held that unused leave to transfer a case does not divest the original court of jurisdiction, reaffirmed the trial courts' broad discretion in deciding motions to dismiss pursuant to Rule 41(a)(2), and confirmed that forum non conveniens does not apply when parties have contracted for a specific forum to resolve their disputes.
June 07, 2023 at 09:00 AM
12 minute read
Contributors
The Delaware Supreme Court, in West v. Access Control Related Enterprises, No. 230, 2022, 2023 WL 2920675 (Del. Apr. 13, 2023), addressed several issues that arise in cases involving forum selection disputes. Against a lengthy procedural backdrop, the Supreme Court held that unused leave to transfer a case does not divest the original court of jurisdiction, reaffirmed the trial courts' broad discretion in deciding motions to dismiss pursuant to Rule 41(a)(2), and confirmed that forum non conveniens does not apply when parties have contracted for a specific forum to resolve their disputes.
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