Supreme Court of Delaware
West v. Access Control Related Enterprises, LLC
April 13, 2023
Summary
The Court affirmed the Superior Court's decision to retain the Delaware action and deny West's motions to dismiss without prejudice. The transfer order never became effective because West did not file the required written election, so jurisdiction remained with the Superior Court; the court also acted within its discretion in denying dismissal after considering extensive Delaware litigation efforts and the parties' forum-selection provisions. Forum non conveniens principles did not require dismissal because the parties had contracted for Delaware forums.