So, lawyers get big bucks to do this. Didn't they know it was the wrong court??
Mark, Do know why they filed in that court? I normally see this is where stockholder fight it out. I would imagine if the state lost, they would take it to Superior.
I haven't had an opportunity to review the Court of Chancery's Order due to other work commitments. The case was filed in the Court of Chancery as a means of seeking equitable relief (i.e. an injunction against the State to enforce this provision) as opposed to legal remedies (i.e. money damages).
Having said that, suit should have been filed in the United States District Court for the District of Delaware as that is the more appropriate court for seeking legal AND equitable relief against a State defendant. In the Federal District (i.e. trial) Courts, equitable and legal remedies are merged, and therefore the District Court could grant full complete relief on the claims brought. Furthermore, under 28 U.S.C. sec. 1331, the Federal District Court would be the appropriate court for venue and jurisdiction over a claim that presents a "federal question" or a claim arising under the law, treaties, or Constitution of the United States. The Delaware Superior Court, by contrast CANNOT grant any form of equitable relief and the Delaware Supreme Court's original jurisdiction is very limited. I find it particularly perturbing that this was filed with the Court of Chancery as that Court previously punted a gun rights case on jurisdictional grounds a few years back.
