Superior Court Considers Simultaneous First Filed Actions

In the case of Avaya, Inc. v. Charter Communications Holding Company, LLC, et al., the Delaware Superior Court considered a forum dispute between competing actions filed on the same day—one in Delaware and the other in New Jersey. The Delaware Plaintiff filed electronically at 12:01 a.m., while the New Jersey Plaintiff filed several hours later when the New Jersey Court opened.  The New Jersey Court initially dismissed its case, holding that the Delaware Action was first filed and that the parties could obtain adequate relief in Delaware.  However, the New Jersey Court subsequently reconsidered its decision and held that, under New Jersey law, the New Jersey Action was the first filed action.  Following the subsequent New Jersey ruling, the Delaware Defendant moved to dismiss or stay the Delaware action in favor of the New Jersey action.  Rather than undertaking a McWane analysis, the Delaware Court stayed the Delaware Action based upon the doctrine of comity, which