· 1/15/2008
Aveta, Inc. v. Colon
Citations
- 942 A.2d 603
- 2008 WL 151859
- 2008 Del. Ch. LEXIS 8
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that language barrier was significant factor in forum non conveniens analysis where translators would be needed not only for witness testimony but to allow defendant to communicate with counsel
- staying an action pending the outcome of a Puerto Rico action based upon forum non conveniens despite a forum selection clause designating Delaware as the forum
- granting a stay where a language barrier existed thus requiring a translator for evidence and witnesses, and the Cryo-Maid factors weighed in favor of the defendant
- declining to enforce forum selection clause and dismissing case where “the enforceability of the non-competition agreement will be evaluated under Puerto Rico’s—not Delaware’s law” among other factors favoring dismissal
- grant oí forum non conveniens motion permitted only when hardship to defendant is “overwhelming”
- “[D]espite linguistic appearance to the contrary, forum non conveniens is not a doctrine of convenience; it is a doctrine of significant, actual hardship.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chandler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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