Oh Snap! Fast-Acting Defendants Circumvent the Forum Defendant Rule

Snap removal takes advantage of the plain language provided in the forum defendant rule. This rule precludes removal of a case to federal court where at least one of the named defendants is a citizen of the state where the action was filed. See 28 U.S.C. § 1441(b)(2). Fast-acting defendants found a way to circumvent […]

The “Race of Laxity” Continues, More Reasons to Incorporate in Delaware: Enforcement of Federal Forum Selection Provisions in Corporate Charters

For many decades, Delaware has enjoyed a favored position as the first choice for incorporation.   Many U.S. companies incorporate in Delaware to benefit from its favorable tax and legal corporate environment.  And other states look to specialized Delaware courts for guidance, particularly the Delaware Court of Chancery, with its expertise and deep precedent in corporate […]