The Delaware Court of Chancery continues to evolve its approach to multijurisdictional litigation. Exactly what that court will do next is uncertain. Its most recent decisions seem to rebut the prediction it would enjoin forum-shopping plaintiffs to prevent them from abusing the legal system by filing suits in multiple jurisdictions over the same controversy to try to pressure corporate defendants.
First, some background is in order. Numerous commentators point out that it is wasteful to have duplicative suits in two or more jurisdictions. Yet, particularly in mergers of publicly traded corporations, multijurisdictional litigation is now the norm.
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