The Chancery Court would never
have made a ruling like that, and the lawyers here are hopping and
howling at the prospect of losing the chance to be local counsel in some
of those cases -- they're trying to get the legislature to pass a law
guaranteeing the "right" of a Delaware corporation to drag defendants
into Delaware courts whenever they want to.
1: Paragraph 31 Remember that most Delaware lawyers want to be local
counsel in corporate cases, and a lawyer who goes up against
corporations will be blacklisted and never be hired to represent
corporations. A plaintiff in a personal injury suit sues whoever did
the injury, but in effect the suit is usually against an insurance
company -- in a car accident case, it's the auto insurance; in a medical
malpractice case, its the doctor's professional insurance; in a product
liability or slip-and-fall case, it's the casualty insurance; and in
tender-offer cases, it's the directors' E&O insurance -- so insurance
companies pay the lawyers in many cases. The bottom line is that a
person in Delaware who wants to file a personal injury suit can't
usually find a good lawyer here to do it, because the lawyers don't want
to go up against the insurance companies and run the risk of never being
hired by those companies in the future.
1: Paragraph 32 The United States was founded on the idea of
individuals' rights, but in Delaware corporations count for more than
people do now.
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