Supreme Court of Delaware

Lisa, S.a., a Panamanian Corporation, Plaintiff Below, Appellant v. Juan Jose Gutierrez Mayorga, Campero USA Corp…

April 20, 20102010 Del. LEXIS 176

Summary

The Supreme Court of Delaware affirmed dismissal of Lisa’s action on forum non conveniens grounds. Because Lisa’s Delaware suit was filed after a functionally identical Florida action arising from the same operative facts, the Court held that the McWane doctrine—not the heightened overwhelming-hardship standard for first-filed Delaware actions—governed. The Court did not reach the challenge to the denial of jurisdictional discovery because dismissal of the entire action was independently proper.