Recent Case Clarifies Personal Jurisdiction Law In Delaware

By Francis Pileggi (May 10, 2018, 1:07 PM EDT) -- The Delaware Court of Chancery recently ruled that the simple act of forming a Delaware entity is not sufficient alone to impose personal jurisdiction over a nonresident involved in that formation. There are circumstances, however, in which the formation of a Delaware entity, coupled with other facts, could form the basis for imposing personal jurisdiction over nonresidents involved in the formation.

The case of Baier v. Upper New York Investment Co. LLC, involved litigation lasting many years, in several countries, among siblings fighting over inheritance from their parents. The estate involved assets in multiple foreign countries and some of those assets...

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