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· 2/13/1970

McWane Cast Iron Pipe Corp. v. McDowell-Wellman Engineering Co.

Citations

  • 263 A.2d 281
  • 1970 Del. LEXIS 257

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the trial court abused it discretion in denying the stay of a Delaware action in view of the pendency of an earlier filed Alabama action
  • noting that discretion should be exercised freely to dismiss or stay where there is a prior pending action.
  • noting that McWane arose from appeal of a denial of forum non conveniens relief in an ongoing case
  • deferring to plaintiff's initial choice of forum where the Delaware action is not the first filed
  • setting forth a multi-factor test to determine if Delaware action should be dismissed or stayed in favor of first-filed litigation pending elsewhere
  • noting the “duplication of time, effort, and expense” that occurs when the same action proceeds in two courts, wasting resources and risking inconsistent judgments

Source: CourtListener parenthetical corpus (CC0).

Judges: Wolcott, Carey, Herrmann

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.