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Motion to Dismiss Laches

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Chancery Denies Motion to Dismiss, Awaits Development of Factual Record to Rule on Laches Defense

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Kim v. Coupang, LLC, C.A. No. 2020-0772-JRS (Del. Ch. Aug. 19, 2021) - If a court can rule on the affirmative defense of laches on the face of a complaint, it may grant a motion to dismiss. As this case illustrates,...more

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Court of Chancery Explains Some Consequences For Violating Forum Selection Agreement

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This is a significant decision because it explains how filing suit somewhere other than in the contractually-designated jurisdiction does not toll the time to sue in the proper jurisdiction. Hence, if the improperly-filed...more

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How to Determine Whether the Statute of Limitations or Laches Applies

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Lawyers who practice in the Delaware Court of Chancery probably can recite the shorthand rule that, for most claims, the Court of Chancery will decide whether a claim is filed too late by application of the statute of...more

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