The Delaware Court of Chancery invoked the McWane doctrine last week when it dismissed with prejudice a shareholder lawsuit against Diamond Foods Inc. because the plaintiffs filed lawsuits alleging similar claims in both California state and federal courts prior to pursuing litigation in Delaware. In dismissing the plaintiffs' claims, the Chancery Court held that their lawsuit cannot proceed in Delaware because they had first chosen to litigate in California.
Shareholder Lawsuit Against Diamond Foods Dismissed Under McWane Doctrine
Delaware Business Court Insider
March 6, 2013
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