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Strine Blasts 'First-Filed' Rule in Harvard Law Paper

Delaware Business Court Insider

January 30, 2013

Delaware Court of Chancery Chancellor Leo E. Strine Jr. has criticized the "first-filed" doctrine in a paper he wrote for Harvard Law School's John M. Olin Center for Law, Economics and Business. Strine encouraged courts to replace the first-filed doctrine, which grants priority to the first jurisdiction in which a plaintiff filed in derivative litigation, with a doctrine that awards jurisdiction to the defendant corporation's state of incorporation.

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