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Choice Hotels v. Columbus-Hunt

Memorandum Opinion Ordering Stay of Proceedings in Delaware Chancery Court

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This is a long and well reasoned decision by a distinguished jurist on Delaware's Chancery Court bench granting a stay of later filed Delaware proceedings against a Delaware LLC in favor of the first-filed litigation between the parties in a foreign state. The Court applies the McWane standard to find a stay to be appropriate notwithstanding the vehement, but misguided protestations of the Plaintiff, a large hotel chain, trying to gain leverage in its foreign action against the developer defendant whose property it had tried to seize and then asked the Court for its imprimatur on the self-help seizure it had employed. The Court first required a return to the status quo ante and then issued this decision staying the Delaware Chancery Court altogether until trial had been held in the first-filed action.


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Published In: Business Organization Updates, Civil Procedure Updates, Commercial Law & Contracts Updates, Business Torts Updates, Civil Remedies Updates

Reference Info: Decision | State, 3rd Circuit, Delaware | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© David Schoen, David I. Schoen, Attorney at Law | Attorney Advertising

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