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December 16, 2007


Astra has filed similar complaint against Cobalt in District Court of Delaware & Florida.
Why similar complaint in two different courts? Can any one through some lights?

Sam: This is a frequent tactic when there may be concerns about personal jurisdiction in a particular district. Plaintiffs will often file where they prefer the case be heard (and where they hope a challenge to PJ is not effective) and also where PJ is guaranteed to be found. In the end, the case is heard one place or the other. In this particular instance, Cobalt's US headquarters are in Florida, so PJ is assured there - hence the filing in Florida in addition to Delaware. Thanks for the comment, and for reading Court Report.

Thanks Sherri. One confusion. In this circumstances, why plaintiff filed in Delaware also? He could have filed only in Florida.

Sam: You may have noticed that Astra has filed against a number of defendants, all in Delaware. Implied in the Delaware filing against Cobalt is plaintiff's desire that the case be heard in Delaware - and of course that can only happen by filing there. It is possible that Cobalt will challenge PJ in Delaware, and if they succeed, Astra will have the Florida case to fall back on.

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