· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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