Ashall Homes Ltd. v. ROK Entertainment Group, Inc., C.A. No. 4643-VCS, 992 A.2d 1239 (Del. Ch. 2010) (Strine, V.C.)
Landis Rath & Cobb, together with Duval & Stachenfeld LLP, represented the defendants and successfully moved to dismiss the complaint filed in the Court of Chancery. The Vice Chancellor agreed with the defendants’ arguments that all of the Ashall plaintiffs’ claims – eleven causes of action, including fraudulent inducement, deceit, misrepresentation, tortious interference, and conversion – fall under the forum selection provisions of certain agreements between the parties, share sale, and subscription agreements. The Court thus granted the defendants motion to dismiss the Complaint in its entirety under Rule 12(b)(3), ruling that the forum selection provisions mandate exclusive jurisdiction in the English courts over any disputes arising from the contracts.
Read the Court of Chancery’s Opinion
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