ANR Pipeline Co. v. Shell Oil Co., 525 A.2d 991 (Del. 1987). · Go Syfert
ANR Pipeline Co. v. Shell Oil Co., 525 A.2d 991 (Del. 1987). Cases Citing This Book View Copy Cite
18 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: Bright Data, Inc. v. Meta Platforms (delsuperct, 2023-08-18)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Bright Data, Inc. v. Meta Platforms
Del. Super. Ct. · 2023 · confidence medium
The first question when applying the McWane doctrine is whether “there is a prior action pending elsewhere.”37 Bright Data, through its response, does not 33 263 A.2d 281, 283 (Del. 1970); see also Prezant v. DeAngelis, 636 A.2d 915, 918 (Del. 1994); Williams Gas Supply Co. v. Apache Oil Corp., 594 A.2d 34, 36 (Del. 1991); ANR Pipeline Co. v. Shell Oil Corp., 525 A.2d 991, 992 (Del. 1987). 34 McWane, 263 A.2d at 283 . 35 Id. 36 Palmer v. Palmer, 409 A.2d 1050, 1052 (Del. 1979). 37 McWane, 263 A.2d at 283 . 7 dispute the contours of McWane; instead, it argues that: (i) McWane is inapplicabl…
cited Cited as authority (rule) Zilberstein v. Frankenstein
Del. Super. Ct. · 2021 · confidence medium
Mar. 17, 1994) (citing ANR Pipeline Co. v. Shell Oil Co., 525 A.2d 991, 992 (Del. 1987). 20 HFTP Invs., L.L.C. v. ARIAD Pharms., Inc., 752 A.2d 115, 121 (Del.
discussed Cited as authority (rule) GXP Capital v. Argonaut Manufacturing Services
Del. · 2021 · confidence medium
Aug. 29, 2000) (TABLE) (refusing interlocutory appeal of stay order for forum non conveniens); ANR Pipeline Co. v. Shell Oil Co., 525 A.2d 991, 992 (Del. 1987) (discussing accepted interlocutory appeal of decision to stay litigation in Delaware for forum non conveniens); see also Coaxial Commc’ns, Inc. v. CNA Fin.
cited Cited as authority (rule) Friedman v. Alcatel Alsthom
Del. Ch. · 1999 · confidence medium
Supr., 525 A.2d 991, 992 (1987). 33 .
cited Cited as authority (rule) Taylor v. LSI Logic Corp.
Del. · 1997 · confidence medium
Chrysler First Business Credit Corp. v. 1500 Locust Limited Partnership, Del.Supr., 669 A.2d 104, 105 (1995); ANR Pipeline Co. v. Shell Oil Co., Del.Supr., 525 A.2d 991, 992 (1987).
cited Cited as authority (rule) Mt. Hawley Insurance Co. v. Jenny Craig, Inc.
Del. Super. Ct. · 1995 · confidence medium
ANR Pipeline Co. v. Shell Oil Co., Del.Supr., 525 A.2d 991, 992 (1987).
discussed Cited as authority (rule) Williams Gas Supply Co. v. Apache Corp. (2×) also: Cited "see"
Del. · 1991 · confidence medium
ANR Pipeline Co. v. Shell Oil Co., Del.Supr., 525 A.2d 991, 992 (1987) (citing Texas City Refining, Inc. v. Grand Bahama Petroleum Co., Ltd., Del.Supr., 347 A.2d 657 (1975); Moore Golf, Inc. v. Ewing, Del.Supr., 269 A.2d 51 (1970)).
discussed Cited as authority (rule) Hurst v. General Dynamics Corp.
Del. Ch. · 1990 · confidence medium
That is, it will be assumed without deciding that General Dynamics, as the party seeking the stay, is required to shoulder the burden of showing sufficient inconvenience and hardship as will move the Court to grant the motion. 4 See ANR Pipeline v. Shell Oil Co., Del.Supr., 525 A.2d 991, 992 (1987).
cited Cited as authority (rule) Monsanto Co. v. Aetna Casualty & Surety Co.
Del. Super. Ct. · 1988 · confidence medium
Del.Supr., 525 A.2d 991, 992 (1987).
cited Cited as authority (rule) Miller v. Phillips Petroleum Co. Norway
Del. · 1988 · signal: cf. · confidence medium
Cf. ANR Pipeline Co. v. Shell Oil Co., 525 A.2d 991, 992 (1987) (per curiam); Moore Gulf, Inc. v. Ewing, Del.Supr., 269 A.2d 51, 52 (1970).
cited Cited "see, e.g." Prezant v. De Angelis
Del. · 1994 · signal: see also · confidence medium
See also ANR Pipeline Co. v. Shell Oil Co., Del.Supr., 525 A.2d 991, 992 (1987); 21 C.J.S.
Retrieving the full opinion text from the archive…
ANR PIPELINE COMPANY, Plaintiff Below, Appellant,
v.
SHELL OIL COMPANY, Shell Western E & P, Inc., and Shell Offshore, Inc., Defendants Below, Appellees
Supreme Court of Delaware.
May 14, 1987.
525 A.2d 991
1987 Del. LEXIS 1139
Henry N. Herndon, (argued), Grover C. Brown, P. Clarkson Collins, Jr., and Barbara MacDonald, of Morris, James, Hitch-ens & Williams, Wilmington, and Rebecca H. Noecker, Colorado Springs, Colo., Eric B. Brown, Detroit, Mich, and Robert D. Rooney, Houston, Tex., for appellant., G. Edward Pickle, (argued), Shell Oil Co., Houston, Tex., E. Norman Yeasey, Allen M. Terrell, Jr., and Stephen E. Herrmann, of Richards, Layton & Finger, Wilmington, for appellees.
Christie, Horsey, Holland.
Cited by 14 opinions  |  Published
PER CURIAM:

This is an interlocutory appeal from the Court of Chancery that is being considered by this Court on an expedited basis. All of the parties are Delaware corporations. The Chancery action was commenced on September 8, 1986 with the plaintiff’s request for a declaratory judgment. The underlying dispute involves the proper construction of a force majeure clause in contracts between these parties.

Following the initiation of the Chancery action, the parties sought to settle their dispute and entered into a stipulation which provided that no further litigation could be initiated except upon notice to the other party. On March 13, 1987, the defendants notified the plaintiff that they intended to file actions in the State District Court for Lafayette Parrish, Louisiana. That same day, the plaintiff filed and served an amended Chancery complaint and motion for a preliminary injunction against the defendants’ prosecution of an action in Louisiana. The defendants responded, in Chancery on March 19, 1987, with a motion to dismiss or stay the Delaware action in favor of the new Louisiana litigation.

Following briefing and oral argument, the Court of Chancery issued its April 2, 1987, Memorandum Opinion and Order de[*992] nying the plaintiff’s motion to enjoin the Louisiana action and granting the defendants’ motion to stay the Delaware action. On April 7, 1987, this Court entered its Order accepting the plaintiff’s interlocutory appeal. The issue on appeal is the decision of the Court of Chancery to stay the Delaware litigation between these parties in favor of the subsequent litigation commenced by the defendants, in Louisiana, involving the same cause of action. Following the submission of briefs, this Court heard oral argument on May 12, 1987.

The Memorandum Opinion of the Court of Chancery properly recognized that as a general rule, (a) litigation should be confined to the forum in which it is first commenced and (b) that a defendant should not be permitted to defeat the plaintiff's choice of forum in a pending suit, by commencing litigation involving the same cause of action, in another jurisdiction of its own choosing. McWane Cast Iron Pipe Corp. v. McDowell-Wellman E. Co., Del.Supr., 263 A.2d 281, 283 (1970). The Court of Chancery also properly recognized that the factors to be considered in ruling on a motion to stay a Delaware action in favor of subsequent litigation are set forth in General Foods Corp. v. Cryo-Maid, Inc., Del.Supr., 198 A.2d 681 (1964).

Although the Court of Chancery acknowledged the prior pendency of the Delaware action and analyzed each of the Cyrd-Maid factors, the record is not clear that it did so with regard for the appropriate standard. In granting the defendant’s motion to stay the Delaware litigation, it appears that the standard applied by the Court of Chancery was “which forum is the most appropriate one in which to litigate this dispute” and concluded that “the circumstances tip in favor of” the defendants’ litigation in Louisiana. However, in order for a defendant to prevail on a motion to stay a plaintiff’s Delaware action on the ground of forum non conveniens, pending the outcome of a suit subequently filed by the defendant, the burden is upon the defendant to show inconvenience and hardship sufficient to move the Court of Chancery to delay the exercise of its jurisdiction. Texas City Refining, Inc. v. Grand Bahama Petroleum Company, Ltd., Del.Supr., 347 A.2d 657 (1975); Moore Golf, Inc. v. Ewing, Del.Supr., 269 A.2d 51 (1970).

The defendants’ motion to stay the Delaware action should be reconsidered, in the first instance, by the Court of Chancery according to the appropriate standard. The interests of justice require reconsideration of the defendants’ motion by the Court of Chancery and further review by this Court on an expedited basis pursuant to Supreme Court Rule 19. Therefore, the Court of Chancery is directed to reconsider the defendants’ motion to stay the Delaware litigation and make a determination as to whether or not the defendants have sustained their burden of showing inconvenience and hardship sufficient to cause the Court of Chancery to delay the exercise of its jurisdiction. In reconsidering the defendants’ motion to stay the instant Delaware action, the Court of Chancery should make findings of fact and conclusions of law and make a report thereof to this Court on or before May 29, 1987.

Jurisdiction is hereby retained as to all issues in this appeal.