PointofLaw.com
 Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  
   
 
   

 

 

The Delaware advantage



In an interview with Metropolitan Corporate Counsel, Delaware chief justice Myron T. Steele explains the reasons for the state's pre-eminent appeal to business litigants, including its Court of Chancery, run by experienced business judges without punitive damages or juries; adoption of federal Daubert standards on expert evidence, and use of summary judgment to narrow issues; merit selection of judges under an unusual constitutional provision requiring political balance; extensive use of arbitration and mediation; and relatively well-educated juries in cases arising from common law (as distinct from equity). At the same time, Steele notes, the state's courts are attractive for some plaintiffs in mass tort cases, at least in part due to factors such as speed and efficiency that also please business litigants.

Related Entries:

 

 


Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.