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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.