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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.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.