Litigation

Chancery Stays Dissolution Action Pending Superior Court Damages Case

By Francis G. X. Pileggi, Esq.

In the case of In Re TGM Enterprises, LLC , 2008 WL 4261035 (Del.Ch., Sept. 12, 2008),  the Chancery Court stayed a case before it seeking dissolution of an LLC in favor of a later-filed suit in Delaware Superior Court that sought money damages and other purely legal remedies involving the same members of the LLC before it on the dissolution matter.That latter case also sought a jury trial--which the Chancery Court cannot provide. Respect for the right to a jury trial was key to the Court's reasoning.  After the damages case was concluded, the parties were expected to return to Chancery Court for the court to exercise its exclusive jurisdiction over dissolution proceedings.

Full post as published by Delaware Corporate and Commercial Litigation Blog on September 21, 2008 (boomark / email).