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AVETA, INC. v. COLÓN

Civil Action No. 2936-MG.

942 A.2d 603 (2008)

AVETA, INC., MMM Holdings, Inc., and Preferred Medicare Choice, Inc., Plaintiffs v. Dr. Victor Delgado COLÓN, Defendant.

Court of Chancery of Delaware.

Decided: January 15, 2008.

Attorney(s) appearing for the Case

Richard L. Horwitz, Brian C. Ralston, and Kirsten A. Zeberkiewicz, of Potter Anderson & Corroon, LLP, Wilmington, DE; of Counsel: David L. McClenahan, Patrick J. McElhinny, and Paul C. McCaffrey, of Kirkpatrick & Lockhart Preston Gates Ellis, LLP, Pittsburgh, PA, for Plaintiffs.

Denise Seastone Kraft and Joseph B. Cicero, of Edwards Angell Palmer & Dodge, LLP, Wilmington, DE; of Counsel: Dennis M. Reznick, of Edwards Angell Palmer & Dodge, LLP, Short Hills, NJ, for Defendant.

OPINION

CHANDLER, Chancellor.

Delaware's courts frequently repeat the adage that only in rare cases can a defendant successfully defeat a plaintiffs choice of forum.1 It is even rarer that a defendant can defeat a plaintiffs choice of forum that is mandated by a contractual forum selection clause. Because defendant here has made a sufficiently particularized showing of overwhelming hardship, I conclude that this is one...

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