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Jarret Hitchings of Duane Morris. Jarret Hitchings of Duane Morris.

In EnVen Energy v. Dunwoody, No 2019-0579-KSJM, 2020 Del. Ch. Lexis 195 (Del. Ch. May 28, 2020), the Delaware Court of Chancery found that a forum selection clause in an employment agreement between the plaintiff and a defendant did not bar venue of the matter in Delaware. At the same time, however, the Court of Chancery concluded that the Delaware action should be stayed pending resolution of a previously filed action in Texas in accordance with the McWane doctrine. While neither result is necessarily surprising, EnVen is notable for the Court of Chancery’s narrow construction of the forum selection clause and its consideration of the identity of claims asserted in parallel state court actions.

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