2013 Judge Winfield - Opinions

Judge Novalyn L. Winfield -- Opinions signed in 2013

In re Cordova-Pavic, case no.: 12-15054, 12/17/2012

Procedurally, the opinion addresses Plaintiff's motion to dismiss a counterclaim and Defendants' motion to dismiss a third party complaint. Both motions were granted.  Applying the Van Dusen Rule, which requires that when venue is changed,  the transferee court must apply the state law that the transferor court would have applied, the court determined that it had to apply Delaware law to the claims asserted in the counterclaim and the third party complaint.  Application of Delaware required dismissal of the claims for minority shareholder oppression and breach of fiduciary duty.