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BERGER v. INTELIDENT SOLUTIONS, INC.

No. 596, 2005.

906 A.2d 134 (2006)

Stephen M. BERGER, Plaintiff Below, Appellant, v. INTELIDENT SOLUTIONS, INC. and Diasti Family Limited Partnership, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: April 26, 2006.

Attorney(s) appearing for the Case

Ronald A. Brown, Jr., Esquire, of Prickett, Jones & Elliott, P.A., Wilmington, Delaware, for Appellant.

Michael R. Lastowski, Esquire, and Matt Neiderman, Esquire, of Duane, Morris, LLP, Wilmington, Delaware, and Stewart D. Aaron, Esquire, Veronica E. Rendon, Esquire (argued) and J. Alex Brophy, Esquire, of Arnold & Porter, LLP, New York, New York, for Appellees.

Before HOLLAND, BERGER and JACOBS, Justices.

BERGER, Justice.

In this appeal, we again consider whether a Delaware complaint should be dismissed on the ground of forum non conveniens. The trial court recited the applicable legal standard and acknowledged that dismissal should be granted only in rare cases where a defendant would be subjected to overwhelming hardship if forced to litigate in Delaware. Nonetheless, it concluded that the complaint should be dismissed...

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