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Court of Chancery Explains Some Consequences For Violating Forum Selection Agreement

Posted In Jurisdiction/Venue/Standing

CMS Investment Holdings LLC  v. Castle, C.A. 9468-VCMR (August 19, 2016)

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 suit is dismissed, it may be too late to bring suit in the proper jurisdiction.

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blog, complex commercial litigation, corporate counseling & litigation